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LIBRARY OF CONGRESS. 

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UNITED STATES OF AMERICA. 




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Civil Government 



OF 



IOWA 



(Part I. of "Iowa and The Nation.") 



By 



GEO. CHANDLER, 

Superintendent of City Schools, 
Osage, Iowa. 






[ WW S8I896J ■ 



CHICAGO, 
A. FLANAGAN, Publisher. 



Copyright, 1896, by Geo. Chandler. 



PREFACE. 



This little book is merely Part I. of the author's 
larger work, entitled "Iowa and The Nation." It is 
printed in this form in answer to a demand for a book 
that may be used in the eighth or ninth grade of the 
usual school course, especially to supplement the work 
of United States History. It will take the place of the 
"History and Civil Government of Iowa, " which is now 
out of print. 

A full discussion of the essential features of our 

national government will be found in Part II. of "Iowa 

and The Nation." The cordial reception which this 

book has received "since its publication in August of 

the current year, is proof that there is a growing 

interest in the study of governmental affairs. The time 

is not far distant when all pupils in our public schools 

will receive systematic instruction in the duties of 

citizenship. 

THE AUTHOR. 

Osage, Iowa, Dec. 23, i8gj. 



Contents. 



PART I. 



Chapter. Page. 

I. The Township 7 

II. " " Continued 12 

III. Education —School Funds 17 

IV. Township Officers 19 

V. Township Officers — Continued 24 

VI. Town and City Government 32 

VII. Cities 36 

VIII. County Government 39 

IX. " " Continued 50 

X. " " " 55 

XI. Constitution of Iowa 61 

XII. State Government. 91 

XIII. Right of Suffrage 100 

XIV. Distribution of Powers 106 

XV. Legislative Department 114 

XVI. Executive " .122 

XVII. Other State Officers 127 

XVIII. Commissioners and Societies 138 

XIX. Judicial Department 145 

XX. " " Continued 148 

XXI. Miscellaneous 152 

XXII. Amendments 157 

XXIII. History of Iowa ^ 162 

XXIV. State Institutions 168 

XXV. District Government 179 



CIVIL, GOVERNMENT OK IOWA. 



CHAPTER I. 
THE TOWNSHIP. 



In Iowa, the term "township" is an important one, as it 
represents that division of the government which is nearest 
the people. It is in the township that ■ < a government of 
the people, by the people, and for the people" exists in its 
truest sense. It is here that the people meet at stated 
times to determine how their local government shall be 
carried on. 

Kinds of Townships. — There are three different 
kinds of townships in Iowa — congressional, civil, and dis- 
trict. The congressional township was provided for long 
before Iowa was admitted into the Union, and it has served 
as the basis of nearly all the land surveys made in this 
country since our government was first organized in 1789. 
The congressional township is a tract of land six miles square, 
and it is divided into thirty-six square miles, or sections, 
each section containing six hundred and forty acres. Be- 



IOWA AND THE NATION. 



low is given a diagram of a congressional township, with 
the sections numbered as they occur in all such townships: 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



Each section may be separated into parts, as shown in 
the following diagram, and each part easily described: 



SECTION. 



N. W. 
i 


N. E 
i 


s. w. 
i 


S. E. 
i 



Each quarter section may also be divided according to 
a regular plan. 



IOWA AND THE NATION". 
SOUTH-EAST QUARTER OF SECTION 16. 



1 2 

4 3 



Number "1" is the north-west quarter of the south- 
east quarter of section 16, and contains forty acres. 

Number "2" is the west one-half of the north-east 
quarter of the south-east quarter of section 16, and con- 
tains twenty acres. 

Number "3" is the north one-half of the south-east 
quarter of the south-east quarter of section 16, and con- 
tains twenty acres. 

Number "4" is the north-east quarter of the south- 
west quarter of the south-east quarter of section 16, and 
contains ten acres. 

Land Titles. — It is important that our system of 
surveys be thoroughly understood, for all the descriptions 
of land given in deeds, mortgages, leases, tax-receipts, 
etc., are based upon it. The first deeds to land in Iowa 
were given in the name of the United States, and the chain 
of title to any piece of land in the state can be traced back 
to these deeds, or patents, as they are called, and no 
farther. 



Principal Meridians. — Before commencing the sur- 



10 IOWA AND THE NATION. 

vey proper, it is necessary to establish two main lines, one 
extending north and south and the other east and west. 
These lines are purely arbitrary and they are located with- 
out special reference to any other lines of the same kind 
that may have been surveyed before. New lines are estab- 
lished whenever they are needed for convenience in making 
a survey. The lines, extending north and south are called 
principal meridians, and those extending east and west are 
called base lines. The principal meridians are numbered 
westward and a separate base line is established for each. 

Survey in Iowa. — The fifth principal-meridian forms 
the basis of the United States land survey in Iowa. It 
extends due north from the mouth of the Arkansas river, 
crosses Missouri and the eastern part of Iowa, and passes 
out of the state at a point between Clayton and Dubuque 
counties. The base line extends due west from the mouth of 
the St. Francis river in Arkansas, and crosses the principal 
meridian forty-eight miles north of its starting point. By 
surveying lines six miles apart parallel with the base line, 
and others the same distance apart parallel with the principal 
meridian, the land lying north and west of the point of 
intersection of the main lines is divided into blocks six 
miles square. Each of these blocks is called a congressional 
township. 

Townships and Ranges.— To locate land by this 
system of surveys, two sets of numbers are used, one 
designating the townships north of the base line, and the 
other the townships west of the fifth principal meridian. 
Land may also be surveyed south from the base line and 
east from the principal meridian. For convenience the 
tiers of townships east or west of the principal meridian 



IOWA AND THE NATION. 11 

are called ranges, and north or south of the base line, 
townships. 

Land lying in the south-east corner square of this 
survey is in township one north, range one west of the 
fifth principal meridian. Every congressional township 
lying west of the one mentioned is township one north, 
and every township north of it is in range one west. The 
townships are numbered northward or southward from the 
base line, and the ranges eastward or westward from the 
principal meridian. The civil township of Wayne, in the 
north-eastern part of Mitchell county, is township one 
hundred north, range fifteen west of the fifth principal 
meridian. The pupil should become so familiar with this 
system of surveys that he can locate, by numbers, any land 
in the county in which he lives. 

Correction Lines. — Owing to the convergence of 
meridians in passing northward, it has been found necessary 
to establish secondary lines parallel with the base line. 
These are called correction lines, and there are four of them 
in Iowa. They are the northern and the southern bound- 
aries of the state and the northern boundaries of townships 
seventy-eight and eighty- eight north. 



12 IOAVA AND THE NATION. 



CHAPTER II. 

THE TOWNSHIP— CONTINUED. 

Civil Townships. — The civil township is the unit or 
basis in local government. Every county is divided into 
several civil townships, and each township is named. 
Township names were given by the early settlers, and often 
in honor of some prominent member of the first company 
of settlers that entered the township. Many counties in 
Iowa were settled about the time the Rebellion began, and 
in those counties such names as Lincoln, Douglas, Liberty, 
and Union are common. The boundaries of a civil town- 
ship may be the same as those of a congressional township, 
but very often a civil township is formed from parts of two 
or more congressional townships. The early settlers estab- 
lished the civil townships to suit their own convenience, 
and in some counties but few of the civil townships have 
the same boundaries as the congressional townships. 

To the people of Iowa, the civil township is a very 
important division. Comparatively few state and county 
officers are needed, but there is hardly a county in the state 
that does not have at least four hundred officers whose 
duties are confined to the civil township. The greater part 
of all the money raised by taxation is expended in the 
township under the direction of its officers. 

District Township. — The district township is a 
division for school purposes and its boundaries must always 



IOWA AND THE NATION. 13 

be the same as those of some civil township. The public 
schools are free to all residents of the state between the 
ages of five and twenty-one years. Each district township 
is a school district, and the business connected with the 
management of its schools is done by a board of directors. 

Sub-districts. — Each district township is separated 
into as many sub-districts as may be necessary, and a 
member of the board of directors, called a sub-director, is 
chosen from each sub-district by its qualified voters. The 
sub-directors of a township are chosen on the first Monday 
in March of each year for a term of three years, one-third 
of the whole number, as nearly as possible, being chosen 
each year. 

Township Meeting*. — On the second Monday in 
March, the qualified voters of the district township meet 
to transact business of a general nature connected with the 
management of the schools of the township. If it is 
necessary to build a new school-house in the township, the 
money must be raised by a tax voted at this meeting. If 
any school property is to be disposed of, the sale must be 
ordered at this meeting. 

Board of Directors. — On the third Monday in 
March, the sub-directors meet and organize as a board of 
directors by choosing one of their number president. They 
then proceed to the transaction of such business as may 
come before them. They allow all just claims against the 
district, hire teachers, or delegate this power to the director 
in each sub-district subject to approval by the president of 
the board; estimate the amount of money to be raised for 
the support of schools and provide for building and re- 
pairing schoolhouses. 



14 IOWA AND THE NATION. 

Officers Of School Board. — The president presides 
at all meetings of the board and of the district township, 
signs all orders for the payment of money from the district 
treasury and all contracts made by the board. At the 
regular meeting of the board held on the third Monday in 
September of each year, a secretary and a treasurer are 
chosen for one year. The duties of these officers are such 
as their titles indicate. 

Independent Districts. — Cities, incorporated towns, 
and villages having not less than two hundred inhabitants 
may be organized as independent school districts. In dis- 
tricts of this kind having less than five hundred inhabitants, 
the board of directors consists of three members, one of 
whom is chosen on the second Monday in March of each 
year for a term of three years. In districts having a popu- 
lation of at least five hundred there are six directors, two 
being chosen each year for a term of three years. The 
secretary may, or may not, be a member of the board, but 
no director of an independent district can fill the office of 
treasurer. 

Rural Districts. — By the provisions of a former law 
rural independent districts were formed in district town- 
ships, each district having a board of three directors, one 
being chosen on the second Monday in March for a term of 
three years. In some instances each sub-district became 
independent, while in others a different plan for the division 
of the township was adopted. A district township may 
also be organized as an independent district, thus doing 
away with sub-districts. So far as practicable the law 
governing district townships applies to independent districts. 

School Funds. — The money for the support of schools 



IOWA AND THE NATION. 15 

is kept in three separate funds in each district. These are 
known as the teachers' fund, which is used for the payment 
of teachers; the schoolhouse fund, used in building and 
repairing schoolhouses and purchasing school grounds; and 
the contingent fund, which is used in the purchase of 
supplies and the payment of the incidental expenses of the 
school. Nearly all of the money needed for the support of 
any school is raised by a tax levied on the taxable property 
of the district in which the school is located. 

Teachers' Fund. — The teachers' fund is derived 
from the semi-annual apportionment which includes the 
interest on the permanent school fund of the state, fines 
and forfeitures of various kinds, and a county school tax 
of not less than one mill, nor more than three mills, on a 
dollar, which is levied by the board of supervisors on the 
taxable property of the county. The money paid by non- 
resident pupils as tuition for the privilege of attending 
school in a district in which they do not reside also forms 
a part of this fund. In addition to these sums, the directors 
of each district on the third Monday in March, or between 
that time and the third Monday in May of each year, vote 
to raise a tax for teachers' fund upon the property of their 
district, not to exceed fifteen dollars for each person of 
school age, except as provided for in the next paragraph. 

Contingent Fund. — The contingent fund is raised 
by taxation on the property of each school district, and is 
estimated by the board of directors at the time of estima- 
ting the teachers' fund. The amount raised for contingent 
expenses cannot exceed five dollars per pupil, except in 
thinly settled districts where that amount and fifteen dollars 
per pupil for teachers' fund is not sufficient to maintain the 



16 IOWA AND THE NATION. 

schools for six months of twenty days each as required 
by law. Seventy-five dollars contingent fund and two 
hundred and seventy dollars teachers' fund, including 
the semi-annual apportionment, may be raised for the sup- 
port of each school in the state every year. 

Schoolhouse Fund. — The schoolhouse fund is de- 
rived from the tax upon the property of any district in which 
a school house is to be built or repaired. This tax is voted 
by the electors of the sub-district or district township, and 
cannot exceed ten mills on the dollar when levied upon the 
property of the entire township. At the sub-district meet- 
ing held on the first Monday in March, the electors may 
vote to raise a certain sum of money for the erection of a 
schoolhouse. If the electors at the district township 
meeting, the following Monday, refuse to grant any or all 
of this amount, the tax is levied on the property of the 
sub-district, not to exceed fifteen mills on a dollar of valua- 
tion. As a rule, the tax for schoolhouse purposes is levied 
upon the property of the whole district and expended in the 
different sub-districts as occasion may require. 

Taxes Certified. — The district secretaries certify all 
taxes for school purposes to the county auditor on or before 
the third Monday in May, and the levy of the taxes is made 
by the board of supervisors at the time of levying the 
taxes for county purposes at their regular meeting in 
September. 



lOW A AND THE NATION*. 17 



CHAPTER III. 

EDUCATION— SCHOOL FUNDS. 

The Public Schools. — The people of Iowa have 
always taken great interest in education and have done 
much for the establishment and support of the public 
schools. Even before the early settlers had erected com- 
fortable homes for themselves, they began to look about 
them for the means with which to build schoolhouses. 
Contributions of logs and other materials were made by 
those who had them to give, and others bore their part of 
the burden by aiding in the construction of the houses. 
In many instances, teachers received a part of their wages 
in ''boarding round." From these humble beginnings the 
educational interests have constantly improved, until now 
her school system is considered one of the best in the 
United States. In 1894, Iowa had nearly fourteen thousand 
schoolhouses, employed more than twenty-eight thousand 
teachers, and expended nearly ten million dollars for the 
support of her public schools. 

Land Grants, — Upon her admission into the Union, 
Iowa received a grant of five hundred thousand acres of 
land from the United States, which was at once set apart 
for school purposes. In 1845, congress passed a law pro- 
viding that section sixteen of each unorganized congres- 
sional township in all new states should be known as the 
school section of the township, and the money obtained 
from the sale of this land should form a part of the per- 
2 



18 IOWA AND THB NATION. 

manent school fund of the state. By another act of con- 
gress, five per cent, of all the money received from the 
sale of public lands in any state is paid into the state 
treasury for the benefit of the schools of the state. 

Permanent School Fund.— The permanent school 
fund of Iowa is the money obtained from the sale of lands 
granted in these three ways, together with the money 
received from the estates of deceased persons who may 
have died without leaving a will or any lawful heirs. This 
money is distributed among the counties of the states and 
loaned on real estate security under the direction of the 
boards of supervisors. There never can be any loss of 
money from the fund, for should any county fail to invest 
the money properly, the interest must be paid out of the 
general county fund until such time as the money can be 
returned to the school fund. The permanent school fund 
can never be appropriated to any other use. 

Semi-Annual Apportionment. — The interest upon 
the permanent school fund is distributed among the differ- 
ent counties of the state twice a year, and on this account, 
it is known as the semi-annual apportionment, or public 
money, as it is frequently called. The basis of distribu- 
tion of interest is found by dividing the amount to be 
distributed by the number representing all the persons of 
school age in the state . The treasurer of each school dis- 
trict receives for the benefit of the teachers' fund of that 
district as many times the basis of distribution as.there are 
persons of school age in the district. This interest is 
increased in each county by the net proceeds of all fines 
and forfeitures paid into the county treasury, and the amount 
received from the county school tax of from one to three 
mills on the dollar, which is levied by the oounty supervisors. 



IOWA AND THE NATION. 19 



CHAPTER IV. 
TOWNSHIP OFFICERS. 

The officers of a civil township are three trustees, a 
clerk, an assessor, two constables, two justices of the peace, 
and as many road supervisors as there are road districts in 
the township. 

Trustees. — The township trustees have many import- 
ant duties to perform. They decide upon the place of 
holding elections, equalize taxes, and have charge of all 
cemeteries not controlled by other trustees, or by religious 
societies. They constitute the board of health of the town- 
ship, act as fence viewers, overseers of the poor, and judges 
of election. One trustee is chosen at the general election 
each year for a term of three years. All other township 
officers are elected in the even numbered years, and they 
serve two years. 

Duties. — The regular meetings of the trustees are 
held on the first Monday in April and October of each year. 
At the April meeting they estimate the amount of property 
tax to be used in improving highways and purchasing 
plows, scrapers, and material for building and repairing 
bridges. This road tax cannot be less than one mill nor 
more than five mills on the dollar of assessment for that 
year. They also determine what portion of the tax, if any, 
shall be paid in labor on the highway. 



20 Iowa and the nation. 

Clerk — Duties. — The township clerk is secretary of 
the board of trustees, and it is his duty to keep an accurate 
record of the business done at all meetings of the board of 
trustees. He acts as clerk of election, has charge of the 
property of the township and receives the resignation 
of township officers. Immediately after an election he 
sends to the county auditor a list of the names of persons 
who received any votes for any office to be filled at that 
election, the number of votes each person received and the 
time of holding the election. He is empowered to admin- 
ister the oath of office to township officers. As clerk of 
election, it is his duty to preserve all the ballots cast 
at any election, together with the tally list, until the 
time for contesting the election of any officer voted for 
has passed. 

Assessor. — The township assessor is required to 

make a list of all the property of the township, both 

personal and real, and to assess its value for the purpose 
of taxation. 

Valuation Of Property. — To secure uniformity of 
assessment the county supervisors, at their January session, 
fix the value of the different kinds of property by classes. 
Each assessor in the county is furnished a copy of this 
classification of property, and in this way something of 
uniformity of taxation is obtained. 

Assessment. — The work of the township assessor is 
an important one, and sometimes quite difficult to perform 
to the satisfaction of property holders. Certain property 
is by law exempt from taxation. The assessor must inspect 
every piece of property subject to taxation in the township 
and determine its value for taxable purposes. As a rule, 



IOWA AND THE NATION. 21 

property, except moneys and credits, is assessed at about 
one-third of its cash value. The term moneys and credits 
includes cash in the bank, notes, mortgages, and bonds not 
exempt by law from taxation. There seems to be a popular 
notion that this kind of property should not be taxed at 
all and many plans are adopted to evade the law. There is 
little uniformity in assessing this kind of property and 
some abuses connected with listing moneys and credits 
should be corrected. 

Listing 1 Property. — On or before January fifteenth 
of each year the assessor receives from the county auditor 
two books to be used by him in assessing the property of 
the township. In each of these books he records all the 
items relating to the property he has assessed. One of 
these books is delivered to the township clerk on or before 
the regular meeting of the board of trustees on the first 
Monday in April, and it is used by them in equalizing 
assessments and levying taxes for township and highway 
purposes. Personal property is assessed every year, but 
real estate only in the odd -numbered years, and the value 
of real estate fixed in any year is also made the basis of 
taxation for the following year. 

Equalizing 1 Values. — It has been stated elsewhere 
that the trustees act as a board of equalization. When 
acting in this capacity it is their duty to examine the 
assessor' s book carefully to see that no injustice has been 
done in fixing the valuation of property. Any person who 
thinks his property has been improperly assessed may 
appear before the board of trustees at their April meeting 
and petition that body to correct the wrong. 

Exemptions. — In general, the following classes of 



22 IOWA AND THE NATION. 

property are exempt from taxation and are not assessed: 
The property of the United States and of the state of Iowa, 
including school lands and all property leased to the state ; 
the property of school districts, townships, incorporated 
towns, cities and counties, when used exclusively for the 
benefit of the public and not for profit; the property of 
literary, scientific, benevolent, agricultural and religious 
institutions which is devoted to the appropriate uses of 
these institutions; the estates of persons who, by reason of 
age or infirmity, are unable to contribute to the public 
revenue; farming utensils and the tools of any mechanic, 
not to exceed three hundred dollars in value in any case; 
and government or state lands during the year in which 
they may have been sold to private parties. 

Militia. — At the time of making the annual assess- 
ment, each assessor is required to make and return to the 
county auditor a list of the names of all persons subject 
to military duty, which includes all able-bodied male citizens 
between the ages of eighteen and forty-five years, except 
such as are exempt by the laws of the United States or of 
this state. 

Census. — Section 113, Code of Iowa, provides that, 
at the time of assessing property in 1875, and every tec 
years thereafter, the assessor shall make an enumeration oi 
the inhabitants of his township. The result of this count- 
ing of the people is reported to the county auditor by the 
first day in June following. 

An abstract of the number of people living in all the 
townships of the county, as shown by the report of the 
assessor, is made by the county auditor and forwarded to 
the secretary of state by the first day of the next Septem- 



IOWA AND THE NATION, 23 

ber. This counting of the people is called taking the 
census. The census shows not only the number of inhabi- 
tants, but a collection of many interesting facts pertaining to 
the militia, the foreign population, and the condition of all 
the leading industries of the state. 



24 IOWA AND THE NATION. 



CHAPTER V. 
TOWNSHIP OFFICERS— CONTINUED. 

Justices of the Peace. — The jurisdiction of justices 
of the peace, when not specially restricted by law, is co- 
extensive with the county in which they reside. Each 
justice keeps a record book, or docket as it is called, in 
which he records all official acts done by him. The princi- 
pal duty of justices of the peace is to hold court for the 
trial of certain kinds of offenses, and for the settlement of 
disputes or the * collection of small sums of money by 
process of law. 

Lawsuits. — Suits at law are of two kinds, civil and 
criminal. A civil suit is one for the enforcement or protec- 
tion of right or the prevention of wrong doing. A criminal 
suit is brought in the name of the state for the purpose of 
punishing an offender against the criminal laws of the state. 
Crimes are of two classes, felonies and misdemeanors. A 
felony is a crime that may be punished by imprisonment in 
the penitentiary, or by heavy fine. A misdemeanor is a 
minor crime, and is punished by light fine or imprisonment 
in the county jail. Murder, manslaughter, burglary, arson, 
grand larceny, and several other crimes are felonies. Petit 
larceny, assault and battery, drunkenness, the refusal of an 
officer to perform his official duties, and other lighter 
offenses are misdemeanors. The person who begins the suit 
is called the plaintiff, and the person sued, the defendant. 




High School Building, Dubuque. 



IOWA AND THE NATION. 25 

Notice of Suit. — Some suits in justice courts may be 
commenced by the voluntary appearance in court of both 
parties to the suit. In many cases, a written notice from 
the justice of the peace to the defendant is necessary. Such 
a notice must contain the name of the defendant, or a 
description of him, if his name is unknown, the nature of 
the claim, the amount claimed by the plaintiff, and the time 
set for trial. The notice is then given to the sheriff or any 
constable of the county, to be served upon the defendant. 
The notice must be served within ten days of the time it is 
issued, and the trial must be held within fifteen days of the 
date of the notice. The defendant in any civil suit may 
put a stop to the proceedings at any time by paying the 
amount of the claim with the costs that have accrued. 

Change Of Venue, — Before the trial commences, 
either party may have it changed to some other justice 
court by filing an affidavit, or written statement under oath, 
stating : 

1. That the justice is prejudiced againt him. 

2. That the justice is a near relative of the other party 
to the suit. 

3. That the party filing the affidavit considers the 
justice a material witness against him. 

4. That he believes he will not receive justice at the 
hands of the officer before whom the action was commenced. 

This is called a change of venue, and it is designed to 
be a protection to personal rights. After a case has come 
to trial, it may be postponed for not more than sixty days 
to enable either party to secure additional witnesses. In 
many civil cases, a jury of six members is chosen to try the 



26 IOWA AND THE NATION. 

case, and any person accused of crime has the right to 
demand a jury trial. 

Collection Of Money, — A suit for the collection of 
a promisory note may be commenced in a justice court, 
provided the amount claimed does not exceed one hnndred 
dollars, or by special agreement of both parties, three hun- 
dred dollars. In criminal cases justices have jurisdiction 
over the trial of misdemeanors, and they may hold pre- 
liminary trials in graver offenses. 

Trial by Higher Court. — If a person charged with 
having committed a felony is examined before a justice of 
the peace and the evidence seems to show the accused to be 
guilty, the justice cannot decide the case and affix the pen- 
alty. It is his duty to bind the prisoner over to appear 
for trial at the next session of the district court. When a 
prisoner is bound over to appear before a higher court for 
trial, he gives a bond signed by responsible parties, in 
which it is agreed that if the accused does not appear for 
trial at the proper time, the amount of money named in 
the bond will be paid over to the proper officers for the 
benefit of the school fund of the county. Persons who can- 
not furnish bonds in such cases are sent to the county jail 
to await trial. 

Jurisdiction. — In criminal matters, the jurisdiction 
of justices of the peace extends to all cases, less than 
felony, committed in their respective counties, in which the 
punishment prescribed by law does not exceed a fine of 
one hundred dollars or imprisonment in the county jail 
thirty days. The mode of procedure is much the same in 
both civil and criminal cases. In any criminal action the 
defendant may, before any testimony has been taken. 



IOWA AND THE NATION. 27 

demand a trial by jury. If the person is found not guilty, 
he is set at liberty at once. If he is convicted, the justice 
renders the judgment of fine, or imprisonment, or both, as 
the case may require. Criminals sometimes plead guilty 
to the crimes of which they are accused in the hope of re- 
ceiving a light sentence. Besides performing the duties 
above mentioned, a justice of the peace may take acknowl- 
edgments of deeds, mortgages, and other papers, solemnize 
marriage ceremonies, and bind over disorderly persons to 
keep the peace. 

Constables. — The constable is the police officer of 
the township and the proper executive officer of the justice 
court, but any of the duties required of him may be per- 
formed by the sheriff of the county. 

Duties. — It is the duty of the constable to serve all 
warrants, notices, and other legal papers, when lawfully 
directed to do so by the trustees or clerk of the township, 
or by any court, and to perform certain other duties as 
required by law. He is forbidden to act as attorney for 
any party, or to purchase any property offered for sale 
by him upon execution or other process. Constables, al- 
though elected by the voters of their respective townships, 
may be called upon to perform their official duties in any 
part of the county. Hence they may be considered county 
officers in a special sense. 

Road Supervisors. — Each road supervisor must 
reside in the district from which he is chosen, but no per- 
son who is exempted from performing labor on the high- 
way can be required to serve in this capacity. Within four 
weeks after the township trustees have levied the property 
tax, the township clerk furnishes each supervisor with a tax 



28 IOWA AND THE NATION. 

list for his district, which shows the amount of tax on each 
piece of land and each town lot, as well as on all personal 
property belonging to each person in the district. This list 
also contains the names of all persons required to perform 
two days' labor upon the road as poll tax. 

Within ten days after receiving the tax-list, the super- 
visor is required to post up in three conspicuous places in 
his district, the amount of tax assessed to each tax payer. 
All able-bodied residents of each highway district, between 
the ages of twenty-one and forty-five years, are required to 
labor upon the highway two days of eight hours each. 

Duties. — On the first Monday of April and October of 
each year, the supervisors report to the township clerk the 
amount of labor performed on the highways in their respec- 
tive districts, the amount of all moneys received, taxes 
unpaid, the condition of the highways, and such other infor- 
mation as may be considered necessary. 

When notified in writing that any bridge or portion of 
the highway is in an unsafe condition, the supervisor 
becomes personally liable for any damages resulting there- 
from, provided he has had a reasonable time to make the 
needed repairs. When notified that a county bridge is 
unsafe, it is his duty to obstruct it, and to inform a mem- 
ber of the board of county supervisors of the condition of 
the bridge at once. 

Pay. — For each day spent in the discharge of his 
duties, each road supervisor receives from the highway 
fund the amount fixed by the township trustees for a day's 
labor. When there is no money with which to pay the 
supervisor, he is entitled to a certificate for the amount of 



IOWA AND THE NATION, 29 

labor performed, which will be received in payment of his 
own highway tax for any succeeding year. 

Township Collectors. — The board of supervisors of 
any county in the state, having a population of more than 
seven thousand inhabitants, may, at their regular meeting 
in June, by a two-thirds vote of the board, order the elec- 
tion of a township collector of taxes in each township of 
the county. The first election of township collectors takes 
place at the next regular election after the action of the 
board of supervisors, and they are chosen in the same 
manner as other township officers. 

Duties. — Before entering upon the discharge of his 
duties, each township collector is required to give a bond 
to the county in twice the amount of the tax to be collected 
by him. Duplicate tax-lists for each township in which 
there is a collector, are made out by the county auditor 
and delivered to the county treasurer. The treasurer de- 
livers these lists to the collectors as soon as they have 
qualified, taking their receipts therefor. Upon receiving 
the tax-lists, each collector posts a notice in some con- 
spicuous place in each school district in his township, 
stating that he has received the lists. The notice must 
also state a place in the township where the collector will 
be at least one day each week for the purpose of receiving 
the payment of taxes. 

Statement. — Each collector is required to make a 
monthly statement to the county treasurer of the amount 
of taxes received by him. This report must be accom- 
panied by the money received. Township collectors are 
not chosen in very many counties, as this method of col- 
lecting taxes is much more expensive to the people and 



30 IOWA AND THE NATION. 

the additional number of officers renders the liability to 
mistakes much greater. 

Pay. — Each collector is entitled to receive for his 
services : 

1. Two per cent, of all sums collected by him on the 
first two thousand dollars, and one per cent, on all sums in 
excess of that amount when collected without suit. 

2. Five per cent, on all taxes collected by him by 
distress and sale of property, which percentage and costs 
shall be collected of the delinquent taxpayer, and the same 
fees, in addition to the five per cent. , that constables re- 
ceive for the sale of property on execution. 

The compensation of justices and constables is by 
fees. Jurors in justice courts are allowed one dollar for 
each day's service, but no mileage. Witnesses receive fifty 
cents for each day's attendance upon this court, and five 
cents for each mile actually traveled in going to and re- 
turning from the trial. Trustees, clerks, and assessors are 
allowed two dollars for each day's work of eight hours. 





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32 IOWA AND TC^ NATION. 



CHAPTER VI. 

TOWN AND CITY GOVERNMENT. 

Cities Classed. — The term ■ 'town government" is used 
in its broadest sense, so as to include cities as well as incor. 
porated towns. This is often called municipal government. 
In Iowa, cities of the first class contain at least fifteen 
thousand inhabitants, and those of the second class, from 
two thousand to fifteen thousand inhabitants. Municipal 
governments of less than two thousand inhabitants are 
called incorporated towns. Each city or town contains as 
much territory as the inhabitants think necessary, and addi- 
tions are frequently made to the original plats. This terri- 
tory is separated into blocks which are divided into lots 
for convenience of ownership. For governmental pur- 
poses, cities are divided into wards, and each ward chooses 
its own members of the city council. 

Officers. — Each city of the first class has a mayor, 
two councilmen elected from the city at-large, a councilman 
elected from each ward, an assessor, marshal, treasurer, 
attorney, civil engineer, police judge, commissioner of the 
market, and certain others when specially required. 

Council. — The members of the city council are separ- 
ated into two classes, one of the members-at-large and one- 
half of the number of members from the wards being chosen 
each year for a term of two years. The election occurs on the 
first Monday in March of each year, and all the city officers, 



IOWA AND THE NATION. 33 

except the assessor, begin the discharge of their duties on 
the third Monday in March. The term of the assessor be- 
gins on the first day of January following his election. 

Election. — The mayor and other officers, except as 
above stated, are elected in the odd numbered years, for a 
term of two years. In many of the larger cities, the coun- 
cil elects several additional officers at the April meeting, 
each having some special work to do in the government of 
the city. 

Mayor, — The mayor is a member of the city council, 
ex officio, and he is the chief officer of the city. He presides 
at the meetings of the council, holds court for the trial of 
offenders against the ordinances of the city, and sees that 
all orders of the council are properly enforced. He has 
the same general powers as a justice of the peace. 

Duties of Council. — The city council has power to 
adopt ordinances for the government of the city. The gen- 
eral law of the state confers on city councils the right to 
legislate in a prescribed manner, and all such acts, properly 
adopted, have the same force and effect as laws passed by 
the general assembly. The ordinances passed by any city 
council apply only to that city. The city council acts as a 
board of equalization of the assessment of property, in the 
same manner as does the board of trustees in the civil town- 
ship. 

Marshal. — The duties of the marshal correspond to 
those of constable. He attends the courts of the mayor 
and police judge, and is, in fact, the chief ministerial 
officer of the city. Many important duties devolve upon 
this officer in preserving the peace and maintaining order 
3 



34 IOWA AND THE NATION. 

in the city. He may appoint deputies to aid him in the 
discharge of his duties, and for whose acts he is responsible. 

Treasurer. — The treasurer receives all money belong- 
ing to the city, and pays it out as ordered by the city coun- 
cil. His bond is fixed by the city council. 

Auditor. — The auditor has charge of the financial 
affairs of the city, and issues all warrants upon the city 
treasury when ordered to do so by the city council. His 
duties are numerous and important. 

Attorney. — The city solicitor, or attorney, is a lawyer 
elected to represent the city in all matters of a legal nature. 
He is required to furnish an opinion on any matter of law 
relating to the government of the city, w T hen requested to 
do so by any officer of the city. His relations to the officers 
of the city are the same as those of the attorney-general to 
state officers, or of the county attorney to officers of the 
county. 

Police Court. — The police judge has jurisdiction of 
all offenses against any ordinance of the city in which he 
serves. In criminal matters, his powers are co-ordinate 
with those of justice of the peace, and he is entitled to the 
same fees as that officer. He may also take acknowledg- 
ments of signatures to deeds, mortgages, and other papers. 
His court, which is open at all times for the transaction of 
business, is a court of record. The clerk of this court is 
chosen by the qualified electors of the city or appointed by 
the police judge, as the council may direct. In case of 
vacancy in the office of police judge, the duties of that 
officer devolve upon the mayor. For the prosecution of 
any person for violating an ordinance of the city, the 



IOWA AND THE NATION. 35 

police judge, or mayor, is entitled to such compensation as 
the city council may allow. 

Superintendent of the Market.— The superinten- 
dent of the market acts as overseer of all places provided 
by the city for the sale of fresh meats, vegetables, and 
other articles of a perishable nature usually offered for sale 
in a public market. 

Civil Engineer. — The civil engineer performs such 
duties belonging to his profession as may be required by 
the city council. 

General Provisions. — To the city council belongs 
the power to appoint members of the police force and 
night watch. It may also provide for a fire department 
and make regulations for governing the same. The council 
also acts as the board of health. 

Compensation. — The compensation of city officers is 
fixed by ordinances of the city council, or by fees as pre- 
scribed by law. Each member of the council receives as 
full compensation for his services an amount fixed by the 
council not to exceed two hundred and fifty dollars a year. 



36 IOWA AXD THE NATION. 



CHAPTER VII. 
CITIES OF THE SECOND CLASS. 

Council. — In cities of the second class there are 
chosen on the first Monday in March of each odd -numbered 
year, a mayor, one councilman from each ward, a city 
solicitor, an assessor, and a treasurer. In each even-num- 
bered year, there is a councilman chosen from each ward. 
This divison of the council prevents a complete change of 
its membership at any election. The council appoints a 
city clerk, a marshal, a street commissioner, and such other 
officers as may be necessary. 

Term — Duties. — The term of all elective officers, ex- 
cept assessor, in cities of the second class, begins on the 
third Monday in March. The term of the assessor begins 
on the first day of January following his election. The 
officers appointed by the council serve for one year unless 
sooner removed The duties of officers in cities of the 
second class are much the same as those of corresponding 
officers in cities of the first class. The council fixes the 
salary of the mayor and other officers of the city. Each 
councilman may receive one dollar for attendance at each 
meeting of the council, provided the total amount received 
for the year does not exceed fifty dollars. 

INCORPORATED TOWNS. 
Officers. — The government of an incorporated town is 



IOWA AND THE NATION. 37 

vested in a mayor, a recorder- and six trustees, all of whom 
are chosen by the qualified voters residing within the limits 
of the corporation. The mayor and trustees constitute the 
town council, and any five of them are a quorum for the 
transaction of business. The council may, by ordinance, 
provide for the election of a treasurer and such other 
officers as may be necessary to administer the government. 
A marshal is appointed by the council. The powers and 
duties of these officers correspond to those of the same 
officers in cities. 

The mayor and recorder are elected on the first Monday 
in March of each year and their term of office begins on 
the third Monday in March. Two trustees are chosen each 
year for a term of three years. 

CITIES UNDER SPECIAL CHARTER. 

Many of the older cities of the state were organized 
before the present law for the incorporation of cities and 
towns was enacted. The government of these cities differs 
somewhat from that of cities authorized by the general law 
of the state. Such cities are said to be governed by special 
charter. Many laws for the government of other cities 
have been made to apply to cities organized under special 
charter. 



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JOWA AND THE NATION. 39 



CHAPTER VIII. 
COUNTY GOVERNMENT. 

Counties. — Iowa, with an area of 56, 025 square miles, 
is separated into ninety-nine counties. When the state was 
admitted into the Union, in 1846, there were only twenty- 
seven organized counties, but before many years had elapsed, 
the entire area of the state was included in the counties as 
they now exist. In most counties the boundaries conform 
to the range and township lines, as established by govern- 
ment survey. Owing to the irregular course of the rivers, 
the counties along the eastern and western boundaries of 
the state vary from the prevailing rectangular form. 

County Names. — The study of county names is full 
of interest. Eleven of the counties, Yv T ashington, Adams, 
Jefferson, Madispn, Monroe, Jackson, Van Buren, Harrison, 
Polk, Taylor, and Buchanan, were named for presidents, 
and Johnson county for Richard M. Johnson, vice-president 
of the United States with Van Buren. Audubon, Benton, 
Calhoun, Carroll, Clay, Clinton, Decatur, Fremont, Hum- 
boldt, Jasper, Kossuth, Marion, Marshall, Scott, Story, 
Warren, Wayne, and Webster counties commemorate names 
that are historic. Several county names were conferred in 
honor of noted Indians or Indian tribes. Among these 
may be named Allamakee, for Allan Makee, a noted Indian 
trader, Black Hawk, Cherokee, Chickasaw, Iowa, Mahaska, 
Pocahontas, Pottawattamie, Poweshiek, Sac, Sioux, Tama, 



40 IOWA AND THE NATION. 

Winnebago and Winneshiek as the most noted. Cerro 
Gordo, Buena Vista, and Palo Alto were named to commem- 
orate three famous battles of the Mexican War. The origin 
of all the other county names may be easily found by a 
little research on the part of pupils, and many valuable 
lessons in biography may be based on these names. 

County Seat* — County government is, in many re- 
spects, very important. In each county the people have 
selected a place at which the principal business of the county 
is transacted. This place is known as the county seat, and 
it is generally near the middle of the county. The offices 
of the county are usually kept at this place in a building 
called the court-house. 

Officers. — The officers of a county are a board of 
supervisors, an auditor, treasurer, clerk of the district 
court, sheriff, recorder, superintendent of schools, coroner, 
surveyor and attorney. The auditor, treasurer, clerk and 
sheriff are each allowed a deputy in most counties. 

Election. — These officers are chosen by the qualified 
voters of the county at the general election, and the term 
of each, except that of supervisor, is two years. The clerk 
of the district court, recorder, auditor, and attorney are 
elected in even numbered years, and the others in the odd 
numbered years. At least one supervisor is chosen every 
year. The principal duties of each of the these officers 
will now be discussed. For their special powers, reference 
should be made to the Code of Iowa, and to the session 
laws, as the acts of the general assembly are called. 

Board of Supervisors. — The board of supervisors 
consists of three, five, or seven members, as the people deter- 



IOWA AND THE NATION. 41 

mine. Their term of office is three years, and one-third of 
the number, as nearly as may be, are chosen at each general 
election. The only qualification required of members of 
this board is that they must be qualified voters of the county 
in which they are chosen, and no two members can be 
elected from the same township. Regular meetings of the 
board are held on the first Monday of January, April, June, 
and September, and the first Monday after each general 
election. At the first meeting in each year, one of the 
members is chosen chairman of the board, and it is his 
duty to preside at all the meetings of the board during that 
year. 

Supervisors may be chosen from the county at large, 
or the county ma}' be separated into supervisor districts, 
each district choosing one supervisor. 

Duties. — If any supervisor neglects or refuses to per- 
form any of the duties devolving upon him as a member of 
the board, without just cause, he is liable to a fine of one 
hundred dollars for each offense. This board has control 
of the property of the county, the courthouse and other 
buildings belonging to the county, and the care of the poor. 
In many counties, a poor house and poor farm are supported 
at public expense. It is the duty of the board to examine 
all bills against the county, and to pay all just claims, unless 
some other method of payment is provided by law. 

The supervisors manage and control the investment of 
the permanent school fund apportioned to the count}', 
change the boundaries of civil townships, and act as com- 
missioners of highways. They provide for the building of 
all bridges which cannot be constructed by the different 
read districts on account of lack of funds. 



42 IOWA AND THE NATION. 

Levy of Taxes.— At their September meeting, they 
levy the taxes to be used for the support of state, county, 
town, and township government. This levy is made upon 
all the taxable property in the county, and the amount is 
determined in several different ways. The money for the 
support of the state government is obtained from a uniform 
tax levied upon all the taxable property of the state. The 
rate of taxation for this purpose is, at present, two and one- , 
half mills on the dollar, and the supervisors of each county 
are required to include this in the levy. For the payment 
of salaries of county officers and the running expenses of 
the county government, a levy not to exceed six mills on 
a dollar and a poll tax of fifty cents is made. For the sup- 
port of schools, the levy is not less than one mill nor more 
than three mills, and for building and repairing bridges, 
not more than three mills on a dollar. In addition to these 
taxes, the supervisors levy the amounts estimated by the 
various school, township, town, and city officers, having the 
control of these departments of local government, provided 
the estimates are made as required by law. 

In order to show clearly how the different items of tax- 
ation are determined, the tax for all purposes, as levied by 
the board of supervisors of Mitchell county upon the prop- 
erty in the independent district of Osage for the year 1894, 
is here given. 

GENERAL LEVY. 

Funds. Mills. How Estimated. 
State, 2 t 5 q By General Assembly. 

County, 5 By Board of Supervisors. 

County School, 1 " " " 

Bridge, 3 " " " 



IOWA AND THE NATION. 43 

Funds. Mills. How Estimated. 

Bond, 1 By Board of Supervisors. 

Insane, 1 " " " 

Soldiers' Relief, T \ " " " 

County Road, T \ " " " 

OSAGE CITY LEVY. 
Incorporation, 10 By City Council. 

Sinking Fund, 2j% " " " 

OSAGE IND. DISTRICT. 
Teachers', ll T 2 o By Board of Directors. 

Contingent, 6 T \ " " " 

School-House, 4 T \ " Electors. 

The general levy for state and county purposes is the 
same throughout the county. The city levy is for the sup- 
port of the city government and the payment of a bonded 
debt, and the district levy is for the support of schools. 
The total levy in this district for all purposes is forty-nine 
mills on a dollar. 

Uniform Assessment. — In order that the property 
of the county may be assessed uniformly, the board of 
supervisors act as a board of equalization between town- 
ships. The assessment is based largely upon the judgment 
of the township assessor. Suppose that in any two town- 
ships of a county, the assessor should in one township fix 
the value of property at as low a rate as possible, and the 
other one as high as possible. This would not affect the 
amount to be raised for local purposes, as the local boards 
estimate the amount of money needed, and not the rate of 
tax to be levied. But the township having the higher 
assessment would be obliged to contribute more than its 



44 IOWA AND THE NAHOX. 

share for the support of county and state government, as 
the estimates for county and state revenue are based on the 
assessed value of property at a certain number of mills on 
the dollar. 

Equalization. — The board of supervisors may find 
that the property of one township is listed too high and 
that of the other too low, as compared with the other town- 
ships of the county. Acting as a board of equalization 
they will direct the county auditor in making out the tax 
list to lower the assessed value of the property in the town- 
ship assessed too high, and raise it in the other, so as to 
make the burden of taxation uniform. 

Pay. — Each member of the board of supervisors re 
ceives four dollars a day for the time actually spent in at- 
tending the meetings of the board, and two dollars and a 
half a day, when not in session but employed in committee 
work. Mileage is allowed for going to and returning from 
each session of the board, and for the distance traveled in 
performing committee work. The rate is six cents for each 
mile traveled. Supervisors are not required to give bonds 
to insure the faithful performance of their duties. 

General Provisions. — The board of supervisors are 
often called the legislative body of the county, and there is 
a sense in which this is true, but each board acts only for 
its own county, and in a manner prescribed by law. This 
legislative power consists in the adoption of certain regula- 
tions for the management of county matters, and for which 
there is no special provision of law. Nearly all boards of 
commissioners and directors authorized by the laws of the 
state are given large discretionary powers, and it is in the 
exercise of such powers that boards of supervisors are said 



IOWA AND THE NATION. 45 

to have the right to legislate. It is recommended that a 
careful study of county government be made by all pupils 
as a preparation for a clear understanding of state and 
national government. It is also suggested that pupils be 
required to examine and discuss the published proceedings 
of the board of supervisors as they appear in the county 
papers after each regular session of the board. In this way 
an interest in public affairs will be aroused, the study of 
civil government will be made more practical. 

County Auditor. — The county auditor is clerk of the 
board of supervisors, and it is his duty to record the pro- 
ceedings of that body and preserve them in permanent form 
in books provided for that purpose. He signs all orders 
issued by the board for the payment of money from the 
count}' treasury, and serves as general accountant for the 
county. Before each election, the auditor prepares and 
furnishes two poll-books for each voting precinct in the 
county. Immediately after election, one of these books is 
forwarded to him from each voting precinct with the num- 
ber of votes each candidate received for every office to be 
filled at that election. From the poll-books thus made out, 
he makes an abstract of all the votes cast in the county 
for each candidate, and forwards it to the secretary of state 
at DesMoines. 

Bond. — The bond of the county auditor is fixed by the 
board of supervisors, and it cannot be less than five thousand 
dollars. It is usual in most counties for the bond to be fixed 
at ten thousand dollars. The loaning and general manage- 
ment of the permanent school fund apportioned to the county, 
as well as the division of the county school fund and interest 
on the permanent school fund, is left to the county auditor. 

Salary. — His salary is fixed by law at twelve hundred 
dollars a year, in counties having less than twenty- five 



46 IOWA AND THE NATION. 

thousand inhabitants. In counties having a greater popu- 
lation, the board of supervisors may allow such additional 
compensation as they think necessary. 

County Treasurer. — The county treasurer receives 
all money belonging to the county and pays it out upon the 
order of the board of supervisors. Warrants, or orders, 
for the payment of money by the county treasurer are 
drawn and signed by the county auditor and sealed with 
the county seal. The treasurer keeps a record of all 
moneys received and warrants paid, and holds the same, at 
all times, subject to the inspection of the board of super- 
visors. He keeps a separate account of the taxes levied in 
the county for state, county, school, highway, and other 
purposes. 

Taxes. — Taxes levied in any year become due on the 
first of January and delinquent on the first day of March 
following. If taxes are paid before the first of April 
after they become due, no interest is charged, but if not 
paid then, interest is charged on the amount of the taxes 
at the rate of one per cent, a month from the first of 
March, the time they become delinquent. If, however, a 
person pays one-half of his tax before April first, the other 
half need not be paid till the last day of September, and no 
penalty will be charged. 

Tax Receipts. — The treasurer makes out and delivers 
to each taxpayer a receipt, stating the time of payment, 
the description and assessed value of each parcel of land, 
the assessed value of all property belonging to him, the 
amount of each kind of tax, the interest and costs that 
have accrued, if any, giving a separate receipt, for each 
year. 



IOWA AND THE NATION. 47 

Tax Sale. — On the first Monday in December of each 
year, the county treasurer is required to offer at public sale 
at his office, all lands, town lots, and other real property on 
which taxes of any description for the preceding year, or 
years, are due and unpaid. This tax sale is made for the 
total amount of such unpaid taxes, together with interest 
and legal costs of advertisement and sale. 

Bond. — The bond of the county treasurer cannot be 
less than five thousand dollars, but usually it is much more 
than that amount. It is safe to say that the average 
amount of bonds required of county treasurers throughout 
the state is fifty thousand dollars. 

Salary. — In counties having less than ten thousand 
inhabitants, the compensation cannot exceed thirteen hun- 
dred dollars, with an allowance of three hundred dollars for 
clerk hire. In counties having more than ten thousand and 
less than thirt} r thousand inhabitants, the compensation can- 
not exceed fifteen hundred dollars, with six hundred dollars 
for clerk hire. In counties having more than thirty thousand 
inhabitants the supervisors may allow such additional com- 
pensation as they consider necessary. 

Clerk of the District Court.— It is the duty of 
this officer to attend all sessions of the district court, and 
to keep its records, papers and official seals. He keeps a 
book, known as the record book, in which are recorded the 
proceedings of the court; a judgment docket, in which to 
keep an abstract of all judgments rendered by the court 
with all the explanations necessary; a fee book, in which 
to enter in detail the costs and fees in each law suit; an 
incumbrance book, in which the sheriff records a statement 
of each attachment of real estate ; an appearance docket, 



48 IOWA AND THE NATION. 

in which all suits are entered in the order in which they are 
begun; and a book in which is kept a record of all liens filed 
in the district court. 

Report. — On or before the first Monday in November 
of each year, he is required to make a full report of all 
criminal trials held by the district court for the preceding 
year. This report shows the character of the offense, the 
nature and amount of the penalty inflicted, the nationality, 
occupation, and general habits of the person convicted, 
whether he can read and write, and also the entire expense 
to the county for criminal prosecutions during the year. 

Duties. — It is the duty of this officer to issue mar- 
riage licenses when application is properly made. He 
keeps a register which contains the names and ages of the 
parties, the date of the marriage, and the name and official 
standing of the party by whom it was solemnized. He 
also appoints executors, administrators, guardians, and ap- 
praisers of the property of persons deceased, and approves 
the bonds which they are required by law to file with him 
as security for the faithful discharge of their duties. In 
fact, this officer now has the settlement of all matters of 
probate, subject to the direction and approval of the judge 
of the district court. 

The clerk may appoint a deputy to aid him in transact- 
ing the business of his office, but neither of these officers 
can, during the time of his official incumbrance, hold the 
office of justice of the peace, or act as attorney or solicitor 
in any case in court. 

Bond. — His bond cannot be less than five thousand 
dollars, and his compensation varies according to the popu- 
lation of the county in which he serves. 




High School Building, Cedar Rapids. 



IOWA AND THE NATION. 49 

Salary. — In counties iiaving less than ten thousand 
inhabitants, the salary cannot exceed eleven hundred dollars 
a year; in counties having more than ten thousand, but 
less than twenty thousand inhabitants, thirteen hundred 
dollars a year; where the population is more than twenty 
thousand, but less than thirty thousand, fifteen hundred: 
and in counties having more than thirty thousand inhabitants, 
the board of supervisors may allow such compensation as 
they deem proper, not to exceed thirty-five hundred dollars 
a year. 

Fees. — A full and complete account of all fees re- 
ceived must be reported to the board of supervisors at 
each regular session. The fees, in excess of the salary, 
must be paid into the county treasury, but the board of 
supervisors may allow an amount, not to exceed three hun- 
dred dollars, as additional compensation for performing the 
work connected with matters of probate. 



50 IOWA AND THE NATION. 



CHAPTER IX. 
COUNTY GOVERNMENT.— CONTINUED. 

Sheriff. — The sheriff is the chief police officer of the 
county, and he has many important duties to perform in con- 
nection with the district court. He has charge of the jail of 
the county, and the custody of all prisoners committed to it. 
The sheriff and his deputies are conservators of the peace, 
and, when necessary, they may call upon private citizens to 
aid them in the discharge of their duties. They are forbid- 
den to purchase, directly or indirectly, any property offered 
for sale by them under any process of law. 

It is the duty of the sheriff to give at least ten days' 
notice of each general election by a proclamation published 
in some newspaper printed in the county, or by posting 
notices of it in at least five public places in the county. 
The same rule applies to all special elections ordered by the 
governor. 

Salary. — The salary of the sheriff is fixed by law at 
not less than two hundred, nor more than four hundred dol- 
lars a year, but in addition to this, he is allowed certain fees 
for serving executions, attachments, and other papers, five 
cents for each mile traveled in the discharge of his duties, 
and a percentage for collecting and paying over money. 
His bond cannot be less than five thousand dollars. 

The sheriff may appoint a deputy, who is paid a salary 
fixed by the board of supervisors, not to exceed one thous- 



IOWA AND THE NATION. 51 

and dollars a year. In counties having a population of 
more than twenty-eight thousand and less than forty-five 
thousand, sheriffs are required to pay into the county treas- 
ury, all fees received by them and their deputies, in excess 
of twenty-three hundred dollars a year, and in counties 
having a population of more than forty-five thousand, all 
fees in excess of three thousand dollars a year. When the 
fees received by the sheriff in such counties equal these 
amounts, he receives no salary from the county, but his 
actual expenses and those of his deputies are paid out of 
the county treasury. 

County Recorder. — The county recorder is provided 
with an office in the court-house, and it is his duty to copy 
accurately all deeds, mortgages, and other papers delivered to 
him for record, in the manner prescribed by law. He keeps 
separate books for deeds, mortgages of real estate, chattel 
mortgages, and other papers, and he is required to write on 
each paper delivered to him for record, the exact time it 
was received. The records of his office show the names of 
those persons who received the original deeds of land from 
the government, and also all transfers and changes in own- 
ership from the original entry down to the present time. 

Records. — Deeds, mortgages, and other valuable 
papers are often lost or destroyed by accident, but if they 
have been properly recorded, an exact copy of the record 
can be made from the books of the recorder at slight cost. 
Sometimes the recorder keeps a set of abstracts which show 
all the changes that have been made in the ownership of 
each separate piece of real estate in the county, and also 
the times at which such changes were made. These abstract 
books are very valuable helps in the purchase or sale of 



52 IOWA AND THE NATION. 

real estate, and it requires great care to prepare them and 
keep them up to date. A complete set of abstract books 
in some of the large counties is worth several thousand 
dollars. 

Compensation. — The compensation of the recorder 
consists of fees. He receives fifty cents for recording each 
paper of not more than four hundred words, and ten cents 
extra for every one hundred additional words, or fraction 
thereof. The fee for recording a deed to real estate, if 
made in the usual form, is seventy-five cents, but twenty- 
five cents of this is paid to the county auditor for entering 
the land for taxation in the name of the purchaser. The 
amount of the bond of this officer is fixed by the board of 
supervisors. 

County Superintendent. — To this officer is intrusted 
the supervision and general management of the school affairs 
of the county in which he is chosen. On the last Saturday 
in each month, and at such other times as may be necessary, 
he meets all applicants for certificates to teach, and examines 
them as to their knowledge of orthography, reading, writing, 
arithmetic, geography, grammar, physiology, didactics, and 
history of the United States. 

Certificates. — If the examination is satisfactory, and 
the county superintendent believes that the respective appli- 
cants possess good moral characters, and the essential 
qualifications for teaching and governing schools, he issues 
to each one so qualified a certificate to that effect, for a 
period not exceeding one year. Each applicant for a cer- 
tificate is required to pay a fee of one dollar, which is 
deposited with the county treasurer by the county superin- 
tendent, and forms a part of the county institute fund. 



IOWA AND THE NATION. 53 

Normal Institute. — The county superintendent holds 
a normal institute every year for the benefit of teachers and 
those intending to teach. A normal institute is a special 
training school for teachers, and the county superintendent 
employs several prominent teachers to carry on the work. 
No person can be employed to teach in an institute without 
the consent of the state superintendent of public instruction. 

Institute Fund. — Every person who enrolls as a 
member of the institute is required to pay a registration fee 
of one dollar. The examination and registration fees, and 
fifty dollars paid to each county annually out of the state 
treasury, constitute the institute fund, which is used exclu- 
sively to pay the expenses of the institute. The county 
supervisors sometimes increase this fund by an appropria- 
tion from the general county fund, as they are permitted 
to do by law. 

Appeals. — Any person who is not satisfied with the 
action of any school board may appeal from the board to 
the county superintendent. The appeal must be made 
within thirty days after the decision of the local board, and 
in a manner prescribed by law. The county superintendent 
cannot, however, decide cases involving the election of 
school officers or the payment of money. Such cases 
cannot be taken before him on appeal, but must be tried 
in the courts. 

Report. — On the first Tuesday in October of each 
year, the county superintendent is required to report to the 
state superintendent of public instruction a complete 
abstract and summary of the reports made to him by the 
secretary and treasurer of each district in the county, 
together with much other valuable information concerning 



54 IOWA AND THE NATION. 

the schools under his charge. This report shows the total 
value of school property in the county, the number of 
schools, teachers employed, pupils enrolled, persons of 
school age, the amount expended for the support of schools 
during the year, and many other items of interest. 

At the same time, he is required to file with the county 
auditor a statement of the number of persons of school age 
in each school district in the county. He reports to the 
officers of the different state institutions for the unfortun- 
ate, the name, age and residence of each person of school 
age who is blind, deaf and dumb, or feeble minded. 

Pay. — The county superintendent receives four dollars 
a day for the time actually spent in the discharge of his 
official duties, and the county supervisors may allow such 
additional compensation as they deem proper. His bond 
is fixed by the board of supervisors, and it is usually one 
thousand dollars. 



Ic ~^^^~^ 



IOWA AND THE NATION. 00 



CHAPTER X. 

COUNTY GOVERNMENT.— Continued. 

County Surveyor. — The duties of county surveyor 
are quite important in locating the boundaries of the differ- 
ent divisions of land as established by government survey. 
About the first thing done in a new county, in its earliest 
histoiy, was the official survey of its land by the authority 
of the United States government. At the time of that sur- 
vey, a careful record was made of all boundary lines estab- 
lished and measurements made. These records are called 
field notes of the survey, and they are now used by the 
county surveyor as the basis of his surveys. 

Surveys. — He makes all surveys of land in his county, 
which may be required of him, and his surveys are con- 
sidered to be correct. He is required to establish the 
corners of sections and other divisions of land by the aid of 
trees, or b}^ fixing stones firmly in the earth, or by 
mounds. 

Plat. — When requested to do so, he must furnish the 
person for whom any survey is made, a copy of the field- 
notes and plat of the survey. The record and plat must 
show distinctly of what piece of land it is a survey, at 
whose request it was made, the names of the chainmen, 
and the date of the survey. The chainmen are the persons 
who make the measurements by the aid of the surveyor's 
chain. They must be disinterested persons, approved by 



56 IOWA AND THE NATION. 

the surveyor, and sworn by him to make just and impartial 
measurements to the best of their ability. 

Pay, — The county surveyor is not paid a fixed salary, 
but any person employing him pays him fees as prescribed 
by law. He may charge for his services four dollars for 
each day spent in making the survey and the required re- 
cords, and for the time spent in going to and returning from 
the place where the survey is made. He may also charge 
fifty cents for a certified copy of the plat of the survey and 
the field-notes belon^ino; thereto. 

Coroner. — It is the duty of this officer to perform all 
the duties of the sheriff, when there is no sheriff, or when 
that officer is an interested party in any proceedings in 
any court of record. 

He also acts as sheriff when an affidavit is filed with 
the clerk of the court that the sheriff and his deputies are 
absent from the county, and are not expected to return in 
time to perform the service required. 

Inquest. — It is also his duty to hold an inquest upon 
the dead bodies of those persons who are supposed to have 
died by unlawful means. Upon receiving notice that such 
a body has been found in his county, he issues a warrant to 
any constable of the county, directing him to summon im- 
mediately three electors to serve as a jury in determining 
when, how, and by what means the deceased came to his 
death. The coroner may summon witnesses, and both 
jurors and witnesses are sw T orn to the faithful performance 
of the duties devolving upon them. 

The testimony given at the inquest is reduced to writing 
and signed by the witnesses. The jurors, having viewed the 
body, heard the testimony, and made all needful inquiries, 



IOWA AND THE NATION. 57 

return to the coroner in writing the result of their investi- 
gations. 

Proceedings. — If it be found at the inquest that a 
crime has been committed on the deceased, and the evidence 
be sufficient to authorize the jury in naming the guilty 
person, the coroner proceeds to secure his arrest, if possible, 
before the proceedings are made public. The bod}' of the 
deceased is delivered to his friends by the coroner, but 
where there are no friends and no property, the expenses 
of the inquest and burial are paid out of the county 
treasury. 

Fees. — The fees of the coroner are as follows: 

For holding an inquest and making the return, five 
dollars ; 

For viewing a body without holding an inquest, three 
dollars ; 

For issuing each subpoena, warrant, or order for a jury, 
twenty-five cents ; and 

For each mile traveled in going to and returning from 
holding an inquest, ten cents. 

For acting as sheriff he receives the usual fees of that 
officer. 

He is obliged to give bonds to the amount required by 
the board of supervisors. 

County Attorney. — By an amendment to the con- 
stitution, adopted at the general election in 1884, the office 
of district attorney was abolished, and that of county 
attorney provided for. The county attorney acts as the 
legal adviser of the officers of the county in which he is 
chosen, and it is also his duty to appear for %\ie state in the 
prosecution of criminals, and to represent the county in 



58 IOWA AND THE NATION. 

the supreme court when the county is a party to any suit in 
that court. 

Bond. — Salary, — The bond required of this officer, 
to be filed with the county auditor, is not less than five 
thousand dollars. The salary, which is fixed by the board 
of supervisors, ranges from three hundred to fifteen hund- 
red dollars, according to the population of the county. 
Fees and mileage are also provided for, in certain cases. 
The term of office is two years, commencing on the first 
Monday in January of each odd -numbered year. 

Notary Public. — A notary public is not properly a 
county officer, although his powers are limited to the county 
in which he resides. 

Appointment. — Any person wishing to become a 
notary public may make application to the governor for an 
appointment as such. If the application is satisfactory, the 
person receives a commission authorizing him to serve as 
notary public. The term of this officer is three years, but 
for convenience, all commissions expire on the fourth day 
of July of every third year. 

Seal. — Each notary public, or notary, as he is com- 
monly called, has an official seal, upon which is engraved 
the words, "Notarial Seal, " and "Iowa," with the initials 
of his given name and his surname in full. The cost of a 
commission is a dollar and a quarter, and that of a notarial 
seal, three dollars. Each notary is required to give a bond 
in the sum of five hundred dollars, which he files with the 
clerk of the district court, as a surety that he will faithfully 
perform the duties of his office. The governor may revoke 
the commission of a notary at any time. 



IOWA AND THE NATION. 59 

Powers. — A notary public may administer oaths, take 
the acknowledgment of signatures to deeds, mortgages, 
wills, and other legal documents, and perform certain other 
duties of like character. He must stamp with his official 
seal all papers of which he takes acknowledgments. He also 
certifies concerning the signatures in the following manner: 

State of Iowa. 1 

> ss. 
Mitchell Co. \ 

Be it remembered that on the day of , 

A. D , before the undersigned, a notary public in and 

for said county, personally appeared A B and 

C D , to me personally known to be the iden- 
tical persons whose names are affixed to the foregoing in- 
strument as grantors, and acknowledged the same to be their 
voluntary act and deed. Witness my hand and notarial 
seal the day and year above written. 

E F 

Notary Public. 



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IOWA AND THE NATION. 61 



CHAPTER XI. 

CONSTITUTION OF IOWA. 

Preamble. — "We, the People of the State of Iowa, grateful to 
the Supreme Being for the blessings hitherto enjoyed, and feeling 
our dependence on Him for a continuation of those blessings, do 
ordain and establish a free and independent government, by the 
name of the State of Iowa, the boundaries whereof shall be as 
follows : 

Boundary. — Beginning in the middle of the main channel of 
the Mississippi river, at a point due east of the middle of the 
mouth of the main channel of the Des Moines river, thence up 
the middle of the main channel of the said Des Moines river, to a 
point on said river where the northern boundary line of the state 
of Missouri — as established by the constitution of that State, 
adopted June 12, 1820— crosses the said middle of the main chan- 
nel of the said Des Moines river, thence westwardly along the said 
northern boundary line of the state of Missouri, as established at 
the time aforesaid, until an extension of said line intersects the 
middle of the main channel of the Missouri river; thence up the 
middle of the main channel of the said Missouri river to a point 
opposite to the middle of the main channel of the Big Sioux 
river, according to Nicollet's map; thence up the main channel of 
the said Big Sioux river, according to the said map, until it is inter- 
sected by the parallel of forty-three degrees and thirty minutes 
north latitude; thence east along said parallel of forty- three de- 
grees and thirty minutes, until said parallel intersects the middle 
of the main channel of the Mississippi river; thence down the 
middle of the main channel of the said Mississippi river to the 
place of beginning. 

ARTICLE 1.— Bill of Rights. 

Section 1.— Rights of Persons.— All men are, by nature, free 
and equal, and have certain inalienable rights, among which are 



62 IOWA AND THE NATION. 

those of enjoying and defending life and liberty, acquiring, pos- 
sessing, and protecting property, and pursuing and obtaining 
safety and happiness. 

Sec. 2. — Political Power. —All political power is inherent in 
the people. Government is instituted for the protection, security, 
and benefit of the people, and they have the right, at all times, to 
alter or reform the same, whenever the public good may re- 
quire it. 

Sec. 3. — Religion, — The general assembly shall make no law 
respecting an establishment of religion, or prohibiting the free ex- 
ercise thereof; nor shall any person be compelled to attend any 
place of worship, pay tithes, taxes, or other rates, for building 
or repairing places of worship, or the maintenance of any minister 
or ministry. 

Sec. 4.— Religious Test.— No religious test shall be required as 
a qualification for any office of public trust, and no person shall be 
deprived of any of his rights, privileges or capacities, or disquali- 
fied from the performance of any of his public or private duties, or 
rendered incompetent to give evidence in any court of law or 
equity, in consequence of his opinions on the subject of religion; 
and any party to any judicial proceeding shall have the right to 
use as a witness, or take the testimony of, any other person, not 
disqualified on account of interest, who may be cognizant of any 
fact material to the case; and parties to suits may be witnesses, as 
provided by law. 

Sec. 5. — Dueling. — Any citizen of this state who may here- 
after be engaged, either directly or indirectly, in a duel, either as 
principal or accessory before the fact, shall forever be disqualified 
from holding any office under the constitution and laws of this 
state. 

Sec. 6. — Laws Uniform. — All laws of a general nature shall 
have a uniform operation; the general assembly shall not grant to 
any citizen or class of citizens, privileges or immunities, which 
upon the same terms shall not equally belong to all citizens. 

Sec. 7.— Liberty of Speech and Press. — Every person may 
speak, write and publish his sentiments on all subjects, being re- 
sponsible for the abuse of that right. No law shall be passed to 
restrain or abridge the liberty of speech or of the press. In all 



IOWA AND THE NATION. 63 

prosecutions or indictments for libel, the truth may be given in 
evidence to the jury, and if it appears to the jury that the matter 
charged as libelous was true, and was published with good mo- 
tives and for justifiable ends, the party shall be acquitted. 

Sec. 8. — Personal Security.— The right of people to be secure in 
their persons, houses, papers and effects, against unreasonable 
seizures and searches shall not be violated; and no warrant shall 
issue but on probable cause, supported by oath or affirmation, par- 
ticularly describing the place to be searched, and the persons and 
things to be seized. 

Sec. 9.— Trial by Jury.— The right of trial by jury shall re- 
main inviolate, but the general assembly may authorize trial by a 
jury of a less number than twelve men in inferior courts ; bur no 
person shall be deprived of life, liberty, or property without due 
process of law. 

Sec 10— Eights of Persons Accused.— In all criminal prose- 
cutions, and in cases involving the life or liberty of an individual, 
the accused shall have a right to a speedy and public trial by an 
impartial jury; to be informed of the accusation against him; to 
have a copy of the same when demanded ; to be confronted with 
the witnesses against him; to have compulsory process for his 
witnesses ; and to have the assistance of counsel. 

Sec. 11. — Indictment. — All offenses less than felony and in 
which the punishment does not exceed a fine of one hundred dol- 
lars, or imprisonment for thirty days, shall be tried summarily 
before a justice of the peace, or other officer authorized by law, 
on information under oath, without indictment, or the interven- 
tion of a grand jury, saving to the defendant the right of appeal ; 
and no person shall be held to answer for any higher criminal 
offense, unless on presentment or indictment by a grand jury, 
except in cases arising in the army or navy, or in the militia, 
when in actual service, in time of war or public danger. 

Sec 12.— Twice Tried. — Bail. — No person shall, after acquittal, 
be tried for the same offense. All persons shall, before conviction, 
be bailable by sufficient sureties, except for capital offenses, where 
the proof is evident, or the presumption great. 

Sec 13.— Habeas Corpus. — The writ of habeas corpus shall not 
be suspended or refused when application is made as required by 



34 IOWA AND THE NATION. 

law, unless in case of rebellion or invasion, the public safety may 
require it. 

Sec. 14. — Military. — The military shall be subordinate to the 
civil power. No standing army shall be kept up by the state in 
time of peace; and in time of war, no appropriation for a standing 
army shall be for a longer time than two years. 

Sec. 15.— Quartering Troops.— No soldier shall, in time of 
peace, be quartered in any house without the consent of the 
owner, nor in time of war except in the manner prescribed by law. 

Sec. 16. — Treason. — Treason against the state shall consist only 
in levying war against it, adhering to its enemies, or giving them 
aid and comfort. No person shall be convicted of treason, unless 
on the evidence of two witnesses to the same overt act, or confes- 
sion in open court. 

Sec 17. — Bail Punishment. — Excessive bail shall not be re- 
quired ; excessive fines shall not be imposed, and cruel and unusual 
punishment shall not be inflicted. 

Sec. 18. — Property. — Private property shall not be taken for 
public use without just compensation first being made, or secured 
to be made, to the owner thereof, as soon as the damages shall be 
assessed by a jury, who shall not take into consideration any ad- 
vantages that may result to said owner on account of the improve- 
ment for which it is taken. 

Sec. 19. — Imprisonment for Debt. — No person shall be im- 
prisoned for debt in any civil action, on mesne or final process, un- 
less in case of fraud ; and no person shall be imprisoned for a 
military fine in time of peace. 

Sec. 20. — Petition. — The people have the right freely to as- 
semble together to counsel for the common good ; to make known 
their opinions to their representatives, and to petition for a redress 
of grievances. 

Sec 21. — Attainder. — No bill of attainder, ex-post-facto law, 
or law impairing the obligation of contracts, shall ever be passed. 

Sec. 22.— Aliens Hold Property.— Foreigners who are, or may 
hereafter become residents of this state, shall enjoy the same 
rights in respect to the possession, enjoyment and descent of prop- 
erty, as native-born citizens. 



iowa a:;d the nation. C5 

Sec. 23.— Slavery. — There shall be no slavery in this state ; 
nor shall there be involuntary servitude, unless for the punish- 
ment of crime. 

Sec. 24.— Keservation. — No lease or grant of agricultural lands, 
reserving any rent or service of any kind, shall be valid for a longer 
period than twenty years. 

Sec. 25. — Adjournment. — The enumeration of rights shall not 
be construed to impair or deny others retained by the people. 

ARTICLE II.— Right of Suffrage. 

Section 1.— Electors. — Every male citizen of the United 
States, of the age of twenty-one years, who shall have been a resi- 
dent of this state six months next preceding the election, and of 
the county in which he claims his vote, sixty days, shall be en- 
titled to vote at all elections which are now or hereafter may be 
authorized by law. 

Sec 2. — Privileges. — Electors shall, in all cases except treason, 
felony or breach of the peace, be privileged from arrest on the days 
of election, during their attendance at such elections, going to and 
returning therefrom. 

Sec 3.— Same.— No elector shall be obliged to perform military 
duty on the day of election, except in time of war or public danger. 

Sec 4.— "Resident." — No person in the naval, military or 
marine service of the United States shall be considered a resident 
of this state by being stationed in any garrison, barrack, or mili- 
tary or naval place or station within this state. 

Sec 5. — Exception. — No idiot or insane person, or person con- 
victed of any infamous crime, shall be entitled to the privilege of 
an elector. 

Sec 6. — Ballot. — All elections by the people shall be by ballot. 

ARTICLE III. — Of the Distribution of Powers. 

Section 1. — Departments of Government. — The powers of the 
government of Iowa shall be divided into three separate depart- 
ments: The legislative, the executive and the judicial; and no 
person charged with the exercise of powers properly belonging to 
one of these departments shall exercise any function appertaining 
to either of the others, except in cases hereinafter expressly di- 
rected or permitted. 
5 



66 IOWA AND THE NATION. 

LEGISLATIVE DEPARTMENT. 

Section 1. — Authority. — The legislative authority of this state 
shall be vested in a general assembly, which shall consist of a 
senate and house of representatives ; and the style of every law 
shall be : "Be it enacted by the General Assembly of the State of Iowa.'' 

Sec. 2. — Sessions. — The sessions of the general assembly shall 
be biennial, and shall commence on the second Monday in January 
next ensuing the election of its members ; unless the governor of 
the state shall, in the meantime, convene the general assembly by 
proclamation. 

Sec. 3.— Members of House of Representatives.— The members 
of the house of representatives shall be chosen every second year, 
by the qualified electors of their respective districts, on the second 
Tuesday in October, except the years of the presidential election, 
when the election shall be on the Tuesday next after the first 
Monday in November; and their term of office shall commence on 
the first day of January next after their election, and continue two 
years, and until their successors are elected and qualified. 

Sec. 4.— Eligibility.— No person shall be a member of the 
house of representatives who shall not have attained the age of 
twenty-one years, be a male citizen of the United States, and shall 
have been an inhabitant of this state one year next preceding his 
election, and at the time of his election shall have had an actual 
residence of sixty days in the county or district he may have been 
chosen to represent. 

Sec. 5. — Senators. — Senators shall be chosen for the term of 
four years, at the same time and place as representatives ; they 
shall be twenty-five years of age, and possess the qualifications of 
representatives as to residence and citizenship. 

Sec. 6. — Same — Classed. — The number of senators shall not be 
less than one-third nor more than one-half the representative 
body ; and shall be so classified by lot, that one class being as 
nearly one-half as possible, shall be elected every two years. 
When the number of senators is increased, they shall be annexed 
by lot to one or the other of the two classes, so as to keep them as 
nearly equal in numbers as practicable. 

Sec. 7. — Elections Determined. — Each house shall choose its 
own officers, and judge of the qualification, election and return of 



IOWA AND TTTE NATION. 67 

its own members. A contested election shall be determined in 
such manner as shall be directed by law. 

Sec. 8. — Quorum.— A majority of each house shall constitute 
3, quorum to transact business ; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent mem- 
bers in such manner and under such penalties as each house may 
provide. 

Sec. 9. — Authority of the House.— Each house shall sit upon 
its own adjournments, keep a journal of its proceedings, and pub- 
lish the same ; determine its rules of proceedings, punish members 
for disorderly behavior, and, with the consent of two-thirds, expel 
a member, but not a second time for the same offense; and shall 
have all other power necessary for a branch of the general assem- 
bly of a free and independent state . 

Sec. 10.— Protest. — Every member of the general assembly 
shall have the liberty of dissent from or protest against any act or 
resolution which he may think injurious to the public or an indi- 
vidual, and have the reasons for his dissent entered on the jour- 
nals; and the yeas and nays of the members of either house, on 
any question, shall at the desire of any two members present, be 
entered on the journals. 

Sec. 11. — Privilege. — Senators and representatives, in all 
cases, except treason, felony, or breach of the peace, shall be privi- 
leged from arrest during the session of the general assembly, and 
in going to and returning from the same. 

Sec. 12. — Vacancies. — When vacancies occur in either house, 
the governor, or the persons exercising the functions of governor 
shall issue writs of election to fill such vacancies. 

Sec 13.— Doors Open. — The doors of each house shall be 
open, except on such occasions as, in the opinion of the house, 
may require secrecy. 

Sec. 14. — Adjournment. — Neither house shall, without the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which they may be sitting. 

Sec 15. — Bills. — Bills may originate in either house, and may 
be amended, altered or rejected by the other ; and every bill hav- 
ing passed both houses, shall be signed by the speaker and presi- 
dent of their respective houses. 



68 IOWA AND THE NATIOtf. 

Sec. 16.— To be Approved, etc.— Every bill which shall have 
passed the general assembly shall, before it becomes a law, be pre- 
sented to the governor. If he approve, he shall sign it ; but if not, 
he shall return it with his objections, to the house in which it 
originated, which shall enter the same upon their journal, and 
proceed to reconsider it; if, after such reconsideration, it again 
pass both houses, by yeas and nays, by a majority of two-thirds of 
the members of each house, it shall become a law, notwithstanding 
the governor's objections. If any bill shall not be returned within 
three days after it shall have been presented to him (Sunday ex- 
cepted), the same shall be a law in like manner as if he had signed 
it ; unless the general assembly, by adjournment prevent such re- 
turn. Any bill submitted to the governor for his approval during 
the last three days of a session of the general assembly, shall be 
deposited by him in the office of the secretary of state within 
thirty days after the adjournment, with his approval, if approved 
by him, and with his objections if he disapproves thereof. 

Sec. 17.— Same.— No bill shall be passed unless by the assent 
of a majority of all the members elected to each branch of the 
general assembly, and the question upon the final passage shall be 
taken immediately upon its last reading, and the yeas and nays 
entered upon the journal. 

Sec. 18.— Receipts and Expenditures.— An accurate statement 
of the receipts and expenditures of the public money shall be at- 
tached to and published with the laws at every regular session of 
the general assembly. 

Sec. 19.— Impeachment. — The house of representatives shall 
have the sole power of impeachment and all impeachments shall 
be tried by the senate. When sitting for that purpose, the sena- 
tors shall be upon oath or affirmation ; and no person shall be con- 
victed without the concurrence of two-thirds of the members 
present. 

Sec. 20.— Who Liable to Impeachment.— The governor, judges of 
the supreme and district courts, and other state officers, shall be 
liable to impeachment for any misdemeanor or malfeasance in 
office ; but judgment in such cases shall extend only to removal 
from office and disqualification to hold any office of honor, trust, 
or profit under this state; but the party convicted or acquitted 



IOWA AND THE NATION. 69 

shall nevertheless be liable to indictment, trial and punishment 
according to law. All other civil officers shall be tried for misde- 
meanors and malfeasance in office, in such manner as the general 
assembly may provide. 

Sec. 21.— Members >ot Appointed to Offices.— No senator or 
representative shall, during the time for which he shall have been 
elected, be appointed to any civil office of profit under this state, 
which shall have been created or the emoluments of which shall 
have been increased during such term, except such offices as may 
be filled by elections by the people. 

Sec. 22.— Disqualification,— No person holding any lucrative 
office under the United States, or this state, or any other power, 
shall be eligible to hold a seat in the general assembly ; but offices 
in the militia, to w T hich there is attached no annual salary, or the 
office of justice of the peace, or postmaster, whose compensation 
does not exceed one hundred dollars per annum, or notary public, 
shall not be deemed lucrative. 

Sec. 23.— Same. — No person who may hereafter be a collector 
or holder of public moneys, shall have a seat in either house of 
the general assembly, or be eligible to hold any office of trust or 
profit in this state, until he shall have accounted for and paid into 
the treasury all sums for which he may be liable. 

Sec. 24. — Money Drawn. — No money shall be drawn from the 
treasury but in consequence of appropriations made by law. 

Sec 25.— Compensation of Members.— Each member of the 
first general assembly under this constitution shall receive three 
dollars per diem while in session ; and the further sum of three 
dollars for every twenty miles traveled in going to and returning 
from the place where such session is held, by the nearest traveled 
route ; after which they shall receive such compensation as shall 
be fixed by law ; but no general assembly shall have the power to 
increase the compensation of its members. And when convened 
in extra session they shall receive the same mileage and per diem 
compensation as fixed by law for the regular session, and none 
other. 

Sec 26.— Laws. — Publication.— No law of the general assem- 
bly passed at a regular session, of a public nature, shall take effect 
until the fourth day of July next after the passage thereof. Laws 



70 IOWA AND THE NATION. 

passed at a special session shall take effect ninety days after the 
adjournment of the general assembly by which they were passed. 
If the general assembly shall deem any law of immediate import- 
ance, they may provide that the same shall take effect by pub- 
lication in newspapers in the state. 

Sec. 27.— Divorce. — No divorce shall be granted by the gen- 
eral assembly. 

Sec. 28. — Lotteries. — No lottery shall be authorized by this 
state ; nor shall the sale of lottery tickets be allowed. 

Sec. 29.— Acts. — Every act shall embrace but one subject, and 
matters properly connected there with, which subject shall be ex- 
pressed in the title ; but if any subject shall be embraced in an 
act which shall not be expressed in the title, such act shall be void 
only as to so much thereof as shall not be expressed in the title. 

Sec. 80. — Local or Special Laws. — The general assembly shall 
not pass local or special laws in the following cases : 

For the assessment and collection of taxes, for state, county, 
or road purposes ; 

For laying out, opening, and working roads or highways ; 

For changing the names of persons; 

For the incorporation of cities and towns ; 

For vacating roads, town plats, streets, alleys, or public squares; 

For locating or changing county seats. 

In all cases above enumerated, and in all other cases where a 
general law can be made applicable, all laws shall be general, and 
of uniform operation throughout the state ; and no law changing 
the boundary lines of any county shall have effect until, upon be- 
ing submitted to the people of the counties affected by the change^ 
at a general election, it shall be approved by a majority of the 
votes in each county, cast for and against it. 

Sec 31. — Extra Compensation. — No extra compensation shall 
be made to any officer, public agent, or contractor, after the service 
shall have been rendered, or the contract entered into; nor shall 
any money be paid on any claim, the subject matter of which 
shall not have been provided for by pre-existing laws, and no pub- 
lic money or property shall be appropriated for local or private 
purposes, unless such appropriation, compensation or claim be al- 



IOWA AND THE NATION. 71 

lowed by two-thirds of the members elected to each branch of the 
general assembly. 

Sec. 32. — Oath of Members. — Members of the general assem- 
bly shall, before they enter upon the duties of their respective 
offices, take and subscribe the following oath or affirmation : "I 
do solemnly swear (or affirm as the case may be) that I will sup- 
port the constitution of the United States, and the constitution of 
the state of Iowa, and that I will faithfully discharge the duties of 
senator (or representative, as the case may be) according to the 
best of my ability ;" and members of the general assembly are 
hereby empowered to administer to each other the said oath or 
affirmation. 

Sec. 33. — Census, — The general assembly shall, in the years 
one thousand eight hundred and fifty-nine, one thousand eight 
hundred and sixty-three, one thousand eight hundred and sixty- 
five, one thousand eight hundred and sixty-seven, one thousand 
eight hundred and sixty-nine, one thousand eight hundred and 
seventy-five, and every ten years thereafter, cause an enumeration 
to be made of all the inhabitants of the state. 

Sec. 34. — Apportionment. — The number of senators shall, at 
the next session following each period of making such enumera- 
tion, and the next session following each United States census, be 
fixed by law, and apportioned among the several counties accord- 
ing to the number of inhabitants in each. 

Sec 35. — Districts. — The senate shall not consist of more than 
fifty members, nor the house of representatives of more than one 
hundred ; and they shall be apportioned among the several coun- 
ties and representative districts of the state according to the num- 
ber of inhabitants in each, upon ratios to be fixed by law T ; but no 
representative district shall contain more than four organized 
counties, and each district shall be entitled to at least one repre- 
sentative. Every county and district w T hich shall have a number 
of inhabitants equal to one-half of the ratio fixed by law, shall be 
entitled to one representative ; and any one county containing, in 
addition to the ratio fixed by law, one-half of that number, or 
more, 6hall be entitled to one additional representative. No float- 
ing district shall hereafter be formed. 



72 IOWA AND THE NATION. 

Sec. 36. — Ratio of Representation.— At its first session under 
this constitution, and at every subsequent regular session, the gen- 
eral assembly shall fix the ratio of representation, and also form 
into representative districts those counties which will not be en- 
titled singly to a representative. 

Sec. 37. — Districts. — When a congressional, senatorial, or rep- 
resentative district shall be composed of two or more counties, it 
shall not be entirely separated by any county belonging to another 
district; and no county shall be divided in forming a congres- 
sional, senatorial, or representative district. 

Sec. 38. — Elections by General Assembly. — In all elections by 
the general assembly, the members thereof shall vote Viva Voce; 
and the votes shall be entered on the journal. 

ARTICLE IV.— Executive Department. 

Section 1. — Governor. — The supreme executive power of this 
state shall be vested in a chief magistrate, who shall be styled the 
governor of the state of Iowa. 

Sec. 2, — Election and Term.— The governor shall be elected 
by the qualified electors at the time and place of voting for mem- 
bers of the general assembly, and shall hold his office two years 
from the time of his installation, and until his successor is elected 
and qualified. 

Sec. 3. — Lieutenant-Governor. — There shall be a lieutenant- 
governor, who shall hold his office two years, and be elected at the 
same time as the governor. In voting for governor and lieutenant- 
governor, the electors shall designate for w T hom they vote as gov- . 
ernor, and for whom as lieutenant-governor. The returns of 
every election for governor and lieutenant-governor shall be 
sealed up and transmitted to the seat of government of the state, 
directed to the speaker of the house of representatives, who shall 
open and publish them in the presence of both houses of the gen- 
eral assembly. 

Sec. 4. — Returns of Elections. — The persons respectively hav- 
ing the highest number of votes for governor and lieutenant gov- 
ernor shall be declared duly elected ; but in case two or more per- 
sons shall have an equal, and the highest number of votes for 
either office, the general assembly shall, by joint vote, forthwith 



IOWA AND THE NATION. 73 

proceed to elect one of said persons governor, or lieutenant-gov- 
ernor, as the case may be. 

Sec 5. — Contested Elections* — Contested elections for governor 
or lieutenant-governor shall be determined by the general assem- 
bly in such manner as may be prescribed by law. 

Sec. 6.— Eligibility. — No person shall be eligible to the office 
of governor or lieutenant-governor who shall not have been a citi- 
zen of the United States and a resident of the state two years next 
preceding the election, and attained the age of thirty years at the 
time of said election. 

Sec. 7. — Command. — The governor shall be commander-in- 
chief of the militia, the army and navy of this state. 

Sec. 8. — Duties. — He shall transact all executive business with 
the officers of government, civil and military, and may require in- 
formation in writing from the officers of the executive depart- 
ment upon any subject relating to the duties of their respective 
offices. 

Sec 9. — Same. — He shall take care that the laws are faithfully 
executed. 

Sec. 10. — Vacancies. — When any office shall, from any cause, 
become vacant, and no mode is provided by the constitution and 
laws for filling such vacancy, the governor shall have power to fill 
such vacancy by granting a commission, which shall expire at the 
end of the next session of the general assembly, or at the next elec- 
tion by the people. 

Sec. 11. — Convening Assembly. — He may, on extraordinary 
occasions, convene the general assembly by proclamation, and shall 
state to both houses, when assembled, the purpose for which they 
shall have been convened. 

Sec 12. — Message. — He shall communicate, by message, to 
the general assembly, at every regular session, the condition of 
the state, and recommend such matters as he shall deem ex- 
pedient. 

Sec 13. — Adjournment. — In case of disagreement between the 
two houses with respect to the time of adjournment, the governor 
shall have power to adjourn the general assembly to such time as 
he may think proper ; but no such adjournment shall be beyond 
the time fixed for the regular meeting of the next general as- 
sembly. 



74 IOWA AND THE NATION. 

Sec. 14. — Disqualification. — No person shall, while holding 
any office under the authority of the United States, or this state, 
execute the office of governor or lieutenant-governor, except as 
hereinafter expressly provided. 

Sec. 15. — Term. — The official term of the governor and lieu- 
tenant-governor shall commence on the second Monday of Janu- 
ary next after their election, and continue for two years, and until 
their successors are elected and qualified. The lieutenant-gov- 
ernor, while acting as governor, shall receive the same pay as pro- 
vided for governor; and while presiding in the senate, shall 
receive as compensation therefor the same mileage and double the 
per diem pay provided for a senator, and none other . 

Sec. 16. — Pardons, Etc. — The governor shall have power to 
grant reprieves, commutations and pardons, after conviction, for 
all offenses except treason and cases of impeachment, subjecl to 
such regulations as may be provided by law. Upon conviction for 
treason, he shall have power to suspend the execution of the sentence 
until the case shall be reported to the general asssembly at its next 
meeting, when the general assembly shall either grant a pardon, 
commute the sentence, direct the execution of the sentence, or 
grant a further reprieve. He shall have power to remit fines and 
forfeitures, under such regulations as may be prescribed by law ; 
and shall report to the general assembly, at its next meeting, each 
case of reprieve, commutation, or pardon granted, and the reason 
therefor ; and also all persons in whose favor remission of fines 
and forfeitures shall have been made, and the several amounts re- 
mitted. 

Sec. 17. — Lieutenant Act as Governor. — In case of the death, 
impeachment, resignation, removal from office, or other disability 
of the governor, the powers and duties of the office for the residue 
of the term, or until he shall be acquitted, or the disability re- 
moved, shall devolve upon the lieutenant-governor. 

Sec. 18.— Further Vacancies Provided For.— The lieutenant- 
governor shall be president of the senate, but shall only vote when 
the senate is equally divided ; and in case of his absence or im- 
peachment, or when he shall exercise the office of governor, the 
senate shall choose a president pro tempore. 



IOWA AND THE NATION. 75 

Sec. 19.— Same.— If the lieutenant-governor, while acting as 
governor, shall be impeached, displaced, resign or die, or otherwise 
become incapable of performing the duties of the office, the presi- 
dent pro tempore of the senate shall act as governor until the va- 
cancy is filled, or the disability is removed ; and if the president 
of the senate, for any of the above causes, shall be rendered incapa- 
ble of performing the duties pertaining to the office of governor, 
the same shall devolve upon the speaker of the house of rep- 
resentatives. 

Sec. 20.— Seal of State — There shall be a seal cf this state, 
w 7 hich shall be kept by the governor, and used by him officially, 
and shall be called the great seal of the state of Iowa. 

Sec. 21.— Commissions, Etc. — All grants and commissions shall 
be in the name and by the authority of the people of the state of 
Iowa, sealed with the great seal of the state, signed by the gov- 
ernor, and countersigned by the secretary of state. 

Sec. 22.— Secretary, Auditor and Treasurer.— A secretary of 
state, auditor of state, and treasurer of state, shall be elected by 
the qualified electors, who shall continue in office two years, and 
until their successors are elected and qualified, and perform such 
duties as may be required by law. 

ARTICLE V. — Judicial Department. 

Section 1. — Courts. — The judicial power shall be vested in a 
supreme court, district court, and such other courts, inferior to the 
supreme court, as the general assembly may, from time to time, 
establish. 

Sec. 2.— Supreme Court.— The supreme court shall consist of 
three judges, tw T o of whom shall constitute a quorum to hold court. 

Sec. 3.— Judges Elected.— The judges of the supreme court 
shall be elected by the qualified electors of the state, and shall 
hold their court at such time and place as the general assembly may 
prescribe. The judges of the supreme court, so elected, shall 
be classified so that one judge shall go out of office every two 
years; and the judge holding the shortest term of office, under 
such classification, shall be chief justice of the court during his 
term, and so on in rotation. After the expiration of their terms of 
office, under such classification, the term of each judge of the su- 



76 IOWA AND THE NATION. 

preme court shall be six years, and until his successor shall have 
been elected and qualified. The judges of the supreme court shall 
be ineligible to any other office in the state during the term for 
which they have been elected. 

Sec. 4. — Jurisdiction. — The supreme court shall have appel- 
late jurisdiction only in cases in chancery, and shall constitute a 
court for the correction of errors at law, under such restrictions as 
the general assembly may by law prescribe ; and shall have power 
to issue all writs and process necessary to secure justice to parties, 
and exercise a supervisory control over all inferior judicial tribun- 
als throughout the state. 

Sec. 5. — District Judges Elected. — The district court shall con- 
sist of a single judge, who shall be elected by the qualified electors 
of the district in which he resides. The judge of the district court 
shall hold his office for the term of four years, and until his suc- 
cessor shall have been elected and qualified ; and shall be ineligi- 
ble to any other office, except that of judge of the supreme court, 
during the term for which he was elected. 

Sec. 6. — Jurisdiction. — The district court shall be a court of 
law and equity, which shall be distinct and separate jurisdictions, 
and have jurisdiction in civil and criminal matters arising in their 
respective districts in such manner as shall be prescribed by law. 

Sec 7. — Conservators of the Peace. — The judges of the supreme 
and district courts shall be conservators of the peace throughout 
the state. 

Sec 8. — Style of Process. — The style of all process shall be, 
" The State of Iowa,'* and all prosecutions shall be conducted in 
the name and by the authority of the same. 

Sec 9. — Salaries. — The salary of each judge of the supreme 
court shall be two thousand per annum, and that of each district 
judge one thousand six hundred dollars per annum, until the year 
eighteen hundred and sixty ; after which time they shall severally 
receive such compensation as the general assembly may, by law, 
prescribe, which compensation shall not be increased or dimin- 
ished during the term for which they shall have been elected. 

Sec 10. — Judicial Districts. — The state shall be divided into 
eleven judicial districts, and after the year eighteen hundred and 
sixty, the general assembly may reorganize the judicial districts, 



IOWA AND THE NATION. 77 

and increase or diminish the number of districts, or the number 
of judges of the said court, and may increase the number of judges 
of the supreme court ; but such increase or diminution shall not 
be more than one district, or one judge of either court, at any one 
session, and no reorganization of the districts, or diminution of the 
number of judges, shall have the effect of removing a judge from 
office. Such reorganization of the districts, or any change in the 
boundaries thereof, or increase or diminution of the number of 
judges, shall take [place every four years thereafter, if necessary, 
and at no other time. 

Sec. 11. — When Chosen. — The judges of the supreme and dis- 
trict courts shall be chosen at the general election ; and the term 
of office of each judge shall commence on the first day of Jan- 
uary next after his election. 

Sec. 12. — Attorney-General. — The general assembly shall pro- 
vide by law for the election of an attorney-general by the people, 
whose term of office shall be two years, and until his successor 
shall have been elected and qualified. 

Sec. 13. — Elected; Disqualification,— The qualified electors 
of each judicial district shall, at the time of the election of district 
judge, elect a district attorney, who shall be a resident of the dis- 
trict for which he is elected, and who shall hold his office for the 
term of four years; and until his successor shall have been elected 
and qualified. 

Sec 14. — Duty of General Assembly. — It shall be the duty of 
the general assembly to provide for the carrying into effect of this 
article, and to provide for a general system of practice in all the 
courts of this state. 

ARTICLE VI.— Militia. 

Section 1. — Who Constitute. — The militia of this state shall 
be composed of all able-bodied male citizens between the ages of 
eighteen and forty-five years, except such as are, or may hereafter 
be, exempt by the laws of the United States, or of this state, and 
shall be armed, equipped and trained, as the general assembly 
may provide by law. 

Sec. 2. — Qualification, — No person or persons conscientiously 
scrupulous of bearing arms shall be compelled to do military duty 
in time of peace ; Provided, that such person or persons shall pay 



78 IOWA AND THE NATION. 

an equivalent for such exemption in the same manner as other 
citizens. 

Sec. 3. — Officers. — All commissioned officers of the militia 
(staff officers excepted) shall be elected by persons liable to per- 
form military duty, and shall be commissioned by the governor. 

ARTICLE VII.— State Debts. 

Section 1. — Limitation of State Indebtedness. — The credit of 
the state shall not, in any manner, be given or loaned to, or in aid 
of, any individual, association or corporation; and the state shall 
never assume, or become responsible for, the debts or liabilities of 
any individual, association or corporation, unless incurred in time 
of war for the benefit of the state. 

Sec. 2. — Same. — The state may contract debts to supply casual 
deficits or failures in revenues, or to meet expenses not otherwise 
provided for; but the aggregate amount of such debts, direct and 
contingent, whether contracted by virtue of one or more acts of the 
general assembly, or at different periods of time, shall never exceed 
the sum of two hundred and fifty thousand dollars, and the money 
arising from the creation of such debts shall be applied to the pur 
pose for which it was obtained, or to repay the debts so contracted, 
and to no other purpose whatever. 

Sec. 3.— Losses to School Fund Audited.— All losses to the per- 
manent, school, or university fund of this state, which shall have 
been occasioned by the defalcation, mismanagement or fraud of 
the agents or officers controlling and managing the same, shall be 
audited by the proper authorities of the state. The amount so 
audited shall be a permanent fund debt against the state, in favor 
of the respective fund sustaining the loss, upon which not less 
than six per cent, annual interest shall be paid. The amount of 
liability so created shall not be counted as a part of the indebted- 
ness authorized by the second section of this article. 

Sec 4— For what Other Purpose State May Contract Debts. 

— In addition to the above limited power to contract debts, the 
state may contract debts to repel invasion, suppress insurrection, 
or defend the state in war ; but the money arising from the debts 
so contracted shall be applied to the purpose for which it 
was raised, or to repay such debts, and to no other purpose 
whatever. 



IOWA AND THE NATION. 79 

Sec. 5.— (a) Other Debts to be Authorized by Special Law. 
— (b) Submitted to the People. — Except the debts hereinbefore 
specified in this article, no debt shall be hereafter contracted by or 
on behalf of this state, unless such debt shall be authorized by 
some law for some single work or object, to be distinctly specified 
therein; and such law shall impose and provide for the collection 
of a direct annual tax, sufficient to pay the interest on such debt, 
as it falls due, and also to pay and discharge the principal of such 
debt, within twenty years from the time of the contracting 
thereof; but no such law shall take effect until, at a general elec- 
tion, it shall have been submitted to the people and have received 
a majority of all the votes cast for and against it at such election; 
and all money raised by authority of such law, shall be applied 
only to the specific object therein stated, or to the payment of the 
debt created thereby ; and such law shall be published in at least 
one newspaper in each county, if one is published therein, 
throughout the state, for three months preceding the election at 
which it is submitted to the people. 

Sec. 6. — Legislature May Repeal.— The legislature may, at any 
time after the approval of such law by the people, if no debt shall 
have been contracted in pursuance thereof, repeal the same, and 
may at any time forbid the contracting of any further debt or 
liability under such law ; but the tax imposed by such law, in pro- 
portion to the debt or liability which may have been contracted in 
pursuance thereof, shall remain in force and be irrepealable, and be 
annually collected, until the principal and interest are fully paid. 

Sec. 7 — Tax Imposed Distinctly Stated.— Every law which 
imposes, continues, or revives a tax, shall distinctly state the tax 
and the object to which it is to be applied, and it shall not be 
sufficient to refer to any other law to fix such tax or object. 

ARTICLE VIII.— Corporations. 

Section 1. — Corporations, How Created. — No corporation 
shall be created by special laws ; but the general assembly shall 
provide, by general laws, for the organization of all corporations 
hereafter to be created, except as hereinafter provided. 

Sec. 2.— Property Taxable.— The property of all corporations 
for pecuniary profit shall be subject k> taxation, the same as that 
of individuals. 



80 IOWA AND THE NATION. 

Sec. 3. — State Not to be a Stockholder. — The state shall 
not become a stockholder in any corporation, nor shall it assume 
or pay the debt or liability of any corporation, unless incurred in 
time of war, for the benefit of the state. 

Sec. 4.— Corporation Not to be a Stockholder.— No political 
or municipal corporation shall become a stockholder in any bank- 
ing corporation, directly or indirectly. 

Sec. 5.— Act Creating Corporation Submitted to the People. 

— No act of the general assembly, authorizing or creating corpora- 
tions or associations with banking powers, nor amendments 
thereto, shall take effect or in any manner be in force, until the 
same shall have been submitted, separately, to the people, at a 
general or special election, as provided by law, to be held not less 
than three months after the passage of the act, and shall have been 
approved by a majority of all the electors voting for and against 
it at such election. 

Sec. 6. — State Banks.— Subject to the provisions of the fore- 
going section, the general assembly may also provide for the es- 
tablishment of a state bank, with branches. 

Sec. 7.— Founded on Specie Basis.— If a state bank be estab- 
lished, it shall be founded on actual specie basis, and the branches 
shall be mutally responsible for each other's liabilities upon all 
notes, bills, and other issues intended for circulation as money. 

Sec. 8.— General Banking Law to be Froivded For.— If a 

general banking law shall be enacted, it shall provide for the 
registry and countersigning, by an officer of state, of all bills 
or paper credit designed to circulate as money, and require secu- 
rity to the full amount thereof, to be deposited with the state 
treasurer, in United States stocks, or in interest-paying stocks of 
states in good credit and standing, to be rated at ten per cent 
below their average value in the city of New York, for the thirty 
days next preceding their deposit ; and in case of a depreciation of 
any portion of such stocks, to the amount of ten per cent on the 
dollar, the bank or banks owning said stocks shall be required to 
make up said deficiency by depositing additional stocks ; and said 
law shall also provide for the recording of the names of all stock- 
holders in such corporations, the amount of stock held by each, 
the time of any transfer and to whom. 



IOWA AND THE NATION. 81 

Sec. 9.— Stockholders Responsible.— Every stockholder in a 
banking corporation or institution shall be individually responsi- 
ble and liable to its creditors, over and above the amount of stock 
by him or her held, to an amount equal to his or her respective 
shares so held, for all of its liabilities, accruing while he or she 
remains such stockholder, 

Sec. 10.— Bill Holders to Have Preference.— In case of the 
insolvency of any banking institution, the bill holders shall have 
a preference over its other creditors. 

Sec. 11.— Suspension of Specie Payments. — The suspension 
of specie payments by banking institutions shall never be per- 
mitted or sanctioned. 

Sec. 12.— General Assembly May Amend or Repeal by Two- 
Thirds Vote. — Subject to the provisions of this article, the general 
assembly shall have power to amend or repeal all laws for the 
organization or creation of corporations, or granting of special or 
exclusive privileges or immunities, by a vote of two-thirds of each 
branch of the general assembly ; and no exclusive privileges, ex- 
cept as in this article provided, shall ever be granted. 

ARTICLE IX. — Education and School Lands. 

FIRST — EDUCATION. 

Section 1.— Board of Education. — The educational interest of 
the state, including common schools and other educational insti- 
tutions, shall be under the management of a Board of Education, 
which shall consist of the lieutenant-governor, who shall be the pre- 
siding officer of the board, and have the casting vote in case of a 
tie, and one member to be elected from each judicial district in 
the state. 

Sec 2. — Who Eligible. — No person shall be eligible as a mem- 
ber of said board who shall not have attained the age of twenty- 
five years, and shall have been one year a citizen of the state. 

Sec. 3. —How Elected; How Divided.— One member of said 
board shall be chosen by the qualified electors of each district, 
and shall hold the office for the term of four years, and until his 
successor is elected and qualified. After the first election under 
this constitution, the board shall be divided, as nearly as practica- 
ble, into two equal classes, and the seats of the first class shall be 
vacated after the expiration of two years, and one-half of the 
board shall be chosen every two years thereafter. 



82 IOWA AND THE NATION. 

Sec. 4. — First Session Held. — The first session of the board 
of education shall be held at the seat of government, on the first 
Monday of December after their election, after which the general 
assembly may fix the time and place of meeting. 

Sec 5. — Limited to Twenty Days.— The session of the board 
shall be limited to twenty days, and but one session shall be held 
in any one year, except upon extraordinary occasions, when, upon 
the recommendation of two-thirds of the board, the governor may 
order a special session. 

Sec. 6. — Secretary. — The board of education shall appoint a 
secretary who shall be the executive officer of the board, and per- 
form such duties as may be imposed upon him by the board, and 
the laws of the state. They shall keep a journal of their proceed- 
ings, which shall be published and distributed in the same man- 
ner as the journals of the general assembly. 

Sec. 7.— Rules and Regulations of Board.— All rules an<i 
ulations made by the board shall be published and distributed to 
the several counties, townships, and school districts, as may be 
provided for by the board, and when so made, published, and dis- 
tributed, they shall have the force and effect of law. 

Sec 8. — Powers: Rules, How Repealed. — The board of educa- 
tion shall have full power and authority to legislate and make all 
needful rules and regulations in relation to common schools and 
other educational institutions that are instituted, to receive aid 
from the school or university fund of this state ; but all acts, rules 
and regulations of said board may be altered, amended, or 
repealed by the general assembly, and when so altered, 
amended, or repealed, they shall not be re-enaeted by the 
board of education. 

Sec 9.— Governor, Ex-Officio, a Member. — The governor of 
the state shall be, ex-officio, a member of said board. 

Sec 10. — Contingent. — The board shall have no power to levy 
taxes, or make appropriations of money. Their contingent ex- 
penses shall be provided for by the general assembly. 

Sec 11. — State University. — The state university shall be 
established at one place without branches at any other place, and 
the university fund shall be applied to that institution and no 
other. 



IOWA AND THE RATION. 

Sec. 12.— Board of Education to Provide for Education of 
Youths of the State.— The board of education shall provide for 
the education of all the youths of the stare, through a system of 
common schools, and such schools shall be organized and kept in 
each school district at least three months in each year. Any dis- 
trict failing, for two consecutive years, to organize and keep up a 
school, as aforesaid, may be deprived of their portion of the school 
fund. 

Sec 13. —Compensation. —The members of the board of edu- 
. n shall each receive the same per diem during the time <A 
their session, and milf g to and returning therefrom 

members of the general assembly. 

14. — Ouoruni : Style of Acts.— A majority of the board 
shall constitute a quorum for the transaction of business . but no 
rule, regulation, or law for the government of common schools or 
other educational institutions shall pass without the concurrence 
of a majority of all the members of the board, which shall be ex- 
ss ed by the yeas and nays on the final passage. The style of 
all acts of the board shall be : "Be it enacted by the Board of Edu- 

n of the State of Iowa.'* 

Sbg 1"— When Board May be Abolished.— At any time after 
the year one thousand eight hundred and sixty-three, the general 
assembly shall have power to abolish or reorganize said board of 
education, and provide for the educational interests of the state in 
any other manner that to them shall seem best and proper. 

HE ZHOOL FUNDS AND SCHOOL LANDS. 

Section 1.— Under Control of General Assembly.— The edu- 

;naland school funds and lands shall be under the control and 
management of the general assembly of this state. 

Sec. 2 —Permanent Fund.— The university lands, and the pro- 
ceeds thereof, and all moneys belong:::,- : : -aid fund shall be a per- 
manent fund for the sole use of the state university. The interest 
arising from the same shall be annually appropriated for the sup- 
port and benefit of said university. 

Sec. 3.— Lands Appropriated to Educational Porposes.— The 
riass .Ably shall encourage, by all suitable means, the pro- 
motion of intellectual, scientific, moral, and agricultural improve- 
ment. The proceeds of ail lands that have been, or hereafter may 



84 Iowa and the nation. 

be, granted by the United States to this state, for the support of 
schools, which may have been or shall hereafter be sold or disposed 
of, and the five hundred thousand acres of land granted to the new 
states, under an act of congress, distributing the proceeds of the 
public lands among the several states of the Union, approved in 
the year of our Lord one thousand eight hundred and forty-one, 
and all estates of deceased persons who may have died without 
leaving a will or heir, and also such per cent, as has been or may 
hereafter be presented by congress, on the sale of lands in this 
state, shall be and remain a perpetual fund, the interest of which, 
together with all rents of the unsold lands, and such other means 
as the general assembly may provide, shall be inviolably appro- 
priated to the support of common schools throughout the state. 

Sec. 4. — Fines and Forfeitures, How Appropriated. — The 

money which may have been or shall be paid by persons as an 
equivalent from exemption from military duty, and the clear pro- 
ceeds of all fines collected in the several counties for any breach 
of the penal laws, shall be exclusively applied, in the several 
counties in w 7 hich such money is paid, or fine collected, among 
the several school districts of said counties, in proportion to the 
number of youths subject to enumeration in such districts, to the 
support of common schools, or the establishment of libraries, as 
the board of education shall from time to time provide. 

Sec. 5.— Lands Reserved or Granted, or Funds Accruing 
from Sale Thereof, to be a Permanent Fund. —Interest Ap- 
plied. — The general assembly shall take measures for the protec- 
tion, improvement, or other disposition of such lands as have 
been, or may hereafter be, reserved, or granted by the United 
States, or any person or persons, to this state, for the use of the 
university, and the funds accruing from the rents or sale of such 
lands, or from any other source for the purpose aforesaid, shall 
be and remain a permanent fund, the interest of which shall be 
applied to the support of said university, for the promotion of 
literature, the arts and sciences, as may be authorized by the terms 
of such grant; and it shall be the duty of the general assembly, as 
soon as may be, to provide effectual means for the improvement 
and permanent security of the funds of said university. 

Sec. 6.— Who Agents of School Funds.— The financial agents 
of the school funds shall be the same that by law receive and con- 



IOWA AND THE NATION. 85 

trol the state and county revenue, for other civil purposes, under 
such regulations as may be provided by law. 

Sec. 7.— Money to be Distributed.— The money subject to the 
support and maintenance of common schools shall be distributed 
to the districts in proportion to the number of youths between the 
ages of five and twenty-one years, in such manner as may be pro- 
vided by the general assembly. 

ARTICLE X. — Amendments to the Constitution. 

Section. 1.— Constitution. — Any amendment or amendments 
to this constitution may be proposed in either house of the gen- 
eral assembly ; and if the same shall be agreed to by a majority of 
the members elected to each of the two houses, such proposed 
amendment shall be entered on their journals, with the yeas and 
nays taken thereon, and referred to the legislature to be chosen at 
the next general election, and shall be published, as provided by 
law, for three months previous to the time of making such choice ; 
and if, in the general assembly so next chosen as aforesaid, such 
proposed amendment or amendments shall be agreed to, by a ma- 
jority of all the members elected to each house, then it shall be 
the duty of the general assembly to submit such proposed amend- 
ment or amendments to the people in such manner and at such 
time as the general assembly shall provide ; and if the people shall 
approve and ratify such amendment or amendments by a majority 
of the electors qualified to vote for members of the general assem- 
bly, voting thereon, such amendment or amendments shall 
become a part of thq constitution of this state. 

Sec. 2. — More than One. — If two or more amendments shall 
be submitted at the same time, they shall be submitted in such 
manner that the electors shall vote for or against each of such 
amendments separately. 

Sec 3.— Convention*— At the general election to be held in the 
year one thousand eight hundred and seventy, and in each tenth 
year thereafter, and also at such times as the general assembly may 
by law provide, the question, " Shall there be a Convention to 
revise the Constitution and amend the same?" shall be decided by 
the electors qualified to vote for members of the general assembly; 
and in case a majority of the electors so qualified, voting at such 
election for and against such proposition, shall decide in favor 
of a convention for such purpose, the general assembly, at its next 



86 IOWA AND THE NATION. 

session, shall provide by law for the election of delegates to such 
convention. 

ARTICLE XI.— Miscellaneous. 

Section 1.— Jurisdiction of Justice of the Peace.— The juris- 
diction of justices of the peace shall extend to all civil cases (except 
cases in chancery, and cases where the question of title to real 
estate may arise) where the amount in controversy does not exceed 
one hundred dollars, and by the consent of parties may be ex- 
tended to any amount not exceeding three hundred dollars. 

Sec. 2. — Counties. — No new county shall be hereafter created 
containing less than four hundred and thirty-two square miles, 
nor shall the territory of any organized county be reduced below 
that area, except the county of Worth, and the counties west of 
it. along the northern boundary of this state, may be organized 
without additional territory. 

Sec. 3.— To What Amount Counties May Become Indebted.— 

No county, or other political or municipal corporation, shall be 
allowed to become indebted, in any manner or for any purpose, to 
an amount, in the aggregate, exceeding five per centum of the value 
of the taxable property within such county or corporation — to be 
ascertained by the last state and county tax lists, previous to the 
incurring of such indebtedness. 

Sec 4. — Boundaries. — The boundaries of this state may be en- 
larged, with the consent of congress and the general assembly. 

Sec 5.— Oath of Office. — Every person elected or appointed to 
any office, shall, before entering upon the duties thereof, take an 
oath or affirmation to support the constitution of the United 
States, and of this state, and also an oath of office. 

Sec 6. — How Vacancies Filled. — In all cases of elections to fill 
vacancies in office occurring before the expiration of a full term, 
the person so elected shall hold for the residue of the unexpired 
term ; and all persons appointed to fill vacancies in office shall hold 
until the next general election, and until their successors are 
elected and qualified. 

Sec 7.— How Lands Granted May be Located.— The general 
assembly shall not locate any of the public lands which have been 
or may be granted by congress to this state, and the loca 
tion of which may be given to the general assembly, upon lands 



IOWA AND THE NATION. 87 

actually settled, without the consent of the occupant. The extent 
of the claim of such occupant so exempted shall not exceed three 
hundred and twenty acres. 

Sec. 8. — Seat of Government. — The seat of government is 
hereby permanently established, as now fixed by law, at the city 
of Des Moines, in the county of Polk; and the state university at 
Iowa City, in the county of Johnson. 

ARTICLE XII.— Schedule. 

Section 1.— Supreme Court of the State.— The constitution 
shall be the supreme law of the state, and any law inconsistent 
therewith shall be void. The general assembly shall pass all laws 
necessary to carry this constitution into effect. 

Sec. 2. — Laws in Force. — All laws now in force and not incon- 
sistent with this constitution, shall remain in force until they shall 
expire or be repealed. 

Sec. 3.— Legal Precess Not Affected.— All indictments, prose- 
cutions, suits, pleas, plaints, process, and other proceedings pend- 
ing in any of the courts, shall be prosecuted to final judgment and 
execution ; and all appeals, writs of error, certiorari and injunc- 
tions, shall be carried on in the several courts, in the same manner 
as now provided by law, and all offenses; misdemeanors and 
crimes that may have been committed before the taking effect of 
this constitution, shall be subject to indictment, trial and punish- 
ment, in the same manner as they would have been had not this 
constitution been made. 

Sec 4.— Fines, Etc., Inure to the State. — All fines, penalties, 
or forfeitures due, or to become due, or accruing to the state, or to 
any county therein, or to the school fund, shall inure to the state, 
county, or school fund in the manner prescribed by law. 

Sec. 5. — Bonds in Force. — All bonds executed to the state, or 
to any officer in his official capacity, shall remain in force and 
inure to the use of those concerned. 

Sec. 6. — First Election. — Gover nor and Lieutenant-Gov- 
ernor. — The election under this constitution shall be held on the 
socond Tuesday in October, in the year one thousand eight hun- 
dred and fifty-seven, at which time the electors of the state shall 
elect the governor and lieutenant-governor. There shall also be 
elected at such election the successors of such state senators as 



88 IOWA AND THE NATION. 

were elected at the August election, in the year one thousand 
eight hundred and fifty-four, and members of the house of repre- 
sentatives, who shall be elected in accordance w T ith the act of ap- 
portionment, enacted at the session of the general assembly which 
commenced on the first Monday of December, one thousand eight 
hundred and fifty-six. 

Sec. 7.— Same: Secretary, Auditor, Etc.— The first election 
for secretary, auditor, and treasurer of state, attorney-general, dis- 
trict judges, members of the board of education, district attorneys, 
members of congress, and such state officers as shall be elected at 
the April election in the year one thousand eight hundred and 
fifty-seven (except the superintendent of public instruction), and 
such county officers as were elected at the August election in the 
year one thousand eight hundred and fifty-six, except prosecuting 
attorneys, shall be held on the second Tuesday of October, one 
thousand eight hundred and fifty-eight: Provided, that the time 
for which any district judge or other state or county officer elected at 
the April election in the year one thousand eight hundred and 
fifty-eight, shall not extend beyond the time fixed for filling like 
offices at the October election, in the year one thousand eight 
hundred and fifty-eight. 

Sec. 8.— Same: Judges of Supreme Court.— The first election 
for judges of the supreme court, and such county officers as shall 
be elected at the August election, in the year one thousand eight 
hundred and fifty-seven, shall be held on the second Tuesday of 
October, in the year one thousand eight hundred and fifty-nine. 

Sec. 9.— First Session, General Assembly.— The first regular 
session of the general assembly shall be held in the year one 
thousand eight hundred and fifty-eight, commencing on the sec- 
ond Monduy of January of said year. 

Sec. 10. — Senators. — Senators elected at the August election, 
in the year one thousand eight hundred and fifty-six, shall con- 
tinue in office until the second Tuesday of October, in the year 
one thousand eight hundred and fifty-nine, at which time their 
successor shall be elected as may be prescribed by law. 

Sec. 11. — Offices Not Vacated by New Constitution. — Every 
person elected by popular vote, by a vote of the general assembly, 
or who may hold office by executive appointment, which office is 









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Iowa State Normal School, Cedar Falls. 



IOWA AND THE NATION. 89 

continued by this constitution, and every person who shall be so 
elected or appointed to any such office, before the taking effect of 
this constitution (except as in this constitution otherwise pro- 
vided), shall continue in office until the term for which such per- 
son has been or may be elected or appointed shall expire ; but no 
such person shall continue in office after the taking effect of this 
constitution, for a longer period than the term of such office in this 
constitution prescribed. 

Sec. 12. — State to be Districted.— The general assembly, at 
the first session under this constitution, shall district the state 
into eleven judicial districts, for district court purposes; and 
shall also provide for the apportionment of the members of 
the general assembly in accordance with the provisions of this 
constitution. 

Sec. 13.— Constitution to be Toted for August, 1850.— This 
constitution shall be submitted to the electors of the state at the 
August election, in the year one thousand eight hundred and fifty - 
seven, in the several election districts in this state. The ballots at 
such election shall be written or printed, as follows : Those in 
favor of the constitution, "New Constitution — Yes." Those against 
the constitution, "New Constitution — No." The election shall be 
conducted in the same manner as the general elections of the 
state, and the poll-books shall be returned and canvassed as pro- 
vided in the twenty-fifth chapter of the code, and abstracts shall 
be forwarded to the secretary of state, which abstracts shall be 
canvassed in the manner provided for the canvass of state officers ; 
and if it shall appear that a majority of all the votes cast at such 
election for and against this constitution are in favor of the same, 
the governor shall immediately issue his proclamation stating that 
fact, and such constitution shall be the constitution of the state of 
Iowa, and shall take effect from and after the publication of said 
proclamation. 

Sec. 14.— Proposition to Strike Out the Word "White."— At 

the same election at which this constitution is submitted to the 
people for its adoption or rejection, a proposition to amend the 
same by striking out the word "white" from the article on the 
"Right of Suffrage," shall be separately submitted to the electors 
of this state for adoption or rejection, in the manner following, 
viz.: A separate ballot may be given by every person having a 



90 



IOWA AND THE NATION. 



right to vote at said election, to be deposited in a separate box. 
And those given for the adoption of such proposition shall have 
the words, "Shall the word 'white' be stricken out of the article on 
the 'Right of Suffrage?' Yes." And those given against the 
proposition shall have the words, "Shall the word 'white' be 
stricken out of the article on the 'Right of Suffrage?' No." And 
if at said election the number of ballots cast in favor of said propo- 
sition shall be equal to a majority of those cast for and against this 
constitution, then said word "white" shall be stricken from said 
article and be no part thereof. 

Sec. 15. — Mills County. — Until otherwise directed by law, the 
county of Mills shall be in and a part of the sixth judicial district 
of this state. 
Done in convention at Iowa City, this fifth of day of March, in the 

year of our Lord one thousand eight hundred and fifty-seven, 

and of the Independence of the United States of America the 

eighty- first. 

SIGNERS: 



Timothy Day, 
S. G. Winchester, 
David Bunker, 
D. P. Palmer, 
Geo. W. Ells, 
J. C. Hall, 
John H. Peters, 
Wm. H. Warren, 
H. W. Gray, 
Robt. Gower, 
H. D. Gibson, 
Thomas Seeley, 
A. H. Marvin, 
J. H. Emerson, 
R. L. B. Clarke, 
James A. Young, 
D. H. Solomon, 
Attest : 

Th. J. Saunders, Sec'y. 

E. N. Bates, Assistant 



W. W. Robinson, 
Lewis Todhunter, 

John Edwards, 
J. C. Traeb, 

James F. Wilson, 

Amos Harris, 
Jno. T. Clarke, 
S. Ayres, 
Harvey J. Skiff, 
J. A. Parvin, 
W. Penn Clark, 
Jere Hollings worth, 
Wm. Patterson, 
D. W. Price, 
Alpheas Scott, 
Geo. Gillaspy, 
Edward Johnston, 

Francis Springer, Prcs. 

Sec'y. 



IOWA AND THE NATION. 91 



CHAPTER XII. 
STATE GOVERNMENT. 

Nature of Constitution. — Before discussing the 
departments of government, it will be well to learn some- 
thing of the nature of a constitution, as well as of the 
history of the constitution of our own state. The con- 
stitution of a state is often called its fundamental law, be- 
cause all laws passed by the general assembly must be 
based upon it, and no valid law can be passed in violation 
of its provisions. It is in the nature of a contract between 
the state and the people, whereby the powers of the former 
are defined, and the rights of the latter maintained. 

Old Constitution. — The constitution, adopted by 
the people of Iowa just before the state was admitted into 
the Union, is known as the old constitution. *Some of its 
provisions proved to be unsatisfactory, and, in the early 
part of 1857, a convention met at Iowa City, and drafted 
the present constitution of the state. The work of this 
convention • was cornpbted in March of that year. Several 
of its members have since held important positions in state 
and nation. 

New Constitution. — By its own terms, this draft of 
a constitution was submitted to the electors of the state at 
an election held in August, 1857. A majority of the votes 
cast at that time were in favor of its adoption, and the 



92 IOWA AND THE NATION. 

governor immediately issued a proclamation declaring this 
new constitution to be the supreme law of Iowa. 

Preamble. — The preamble, or introduction to the 
constitution, is as follows: " We, the People of the State of 
Iowa, grateful to the Supreme Being for the blessings hither- 
to enjoyed, and feeling our dependence on Him for a con- 
tinuation of those blessings, do ordain and establish a free* 
and independent government, by the name of The State of 
Iowa, the boundaries whereof shall be as follows :" (Fo) 
boundaries, see Constitution.) The preamble is not a part 
of the constitution, but is designed to show the reason for 
its establishment. 

ARTICLE I.— Bill of Rights. 

Rights Of Persons. — Section one of the first article 
of the constitution delines the civil rights of the inhabi- 
tants of the state. It declares that all men are, by nature, 
free and equal, and that they are endowed with certain in- 
alienable rights. The rights enumerated are those of en- 
joying and defending life and liberty, of acquiring, possess- 
ing, and protecting property, and of pursuing and ob- 
taining safety and happiness. These rights of the people 
are recognized by all free governments, and must be, in the 
very nature of things. They are called inalienable rights, 
because they cannot be taken away so long as the govern- 
ment exists. 

Political Power. — The second section declares all 
political power to be vested in the people of the state. 
Government is instituted for the good of the people, and 
they have the right to alter or reform the same, whenever 



IOWA AND THE NATION. 93 

the public good may require it. The essence of all free 
government is contained in the immortal words of Abraham 
Lincoln, "A government of the people, by the people, and 
for the people. ' ' 

Religion. — Section three prohibits the legislature from 
passing any law to establish uniformity of religion, or to 
restrict the religious liberty of the people. It forbids the 
laying of tithes, taxes, or other rates for building places 
of worship, or maintaining the ministry. The religious 
freedom, sought by so many of the early settlers of our 
country, is guaranteed to all persons within the borders of 
Iowa. 

Religious Test. — Section four forbids the require- 
ment of any religious test as a qualification for any office 
of public trust, and declares that no person shall be deprived 
of any rights, privileges, or capacities on account of his 
opinions on religious matters. This is in accordance with 
the spirit of the constitution of the United States, upon 
which the state constitution is based. This section also 
provides that parties to any suits at law are competent to 
serve as witnesses in such suits. 

Dueling'. — Section five declares any citizen of the 
state who shall engage in a duel, either as principal or 
accessory, to be forever disqualified from holding any office 
under the constitution and laws of the state. This shows 
the growth in sentiment with regard to the practice of duel- 
ing. Hamilton, Burr, Jackson, Clay, and many other 
prominent men in the early history of our government, 
resorted to this barbarous way of settling their < 'affairs of 
honor." 



94 IOWA AND THE NATION. 

Laws Uniform. — By section six, the general assem- 
bly is forbidden to grant any citizen, or class of citizens, 
privileges or immunities, which shall not apply to all other 
persons, under the same circumstances. All laws of a 
general nature must be uniform in their operation. It is a 
fundamental principle of all free government that there shall 
be no privileged classes. 

Liberty Of Speech. — The next section gives every 
person the right to speak, write, and publish his sentiments 
on any and all subjects. By its provisions, no law can be 
passed to restrict liberty of speech or of the press, but any 
person is liable to prosecution for the abuse of this right. 
In all prosecutions for libel, if it can be proved that the 
matter charged as libelous is true, the person accused shall 
be acquitted. Article one of the amendments to the consti- 
tution of the United States insures the same freedom to all 
the people of the United States. 

Section eight of this article is a verbatim reprint of the 
fourth article of amendment to the constitution of the 
United States. 

Jury. — Section nine provides for maintaining inviolate 
the right of trial by jury, but authorizes the general as- 
sembly to establish a jury of a less number than twelve 
men in inferior courts. Another provision is, that no per- 
son shall be deprived of life, liberty, or property, without 
due process of law. In accordance with the latter part of 
the first clause, the jury in a justice court is composed of 
six men. 

Criminal Cases. — Section ten refers to the method of 
procedure in criminal cases, and is, in substance, the same 



IOWA AND THE NATION. 95 

as article six of the amendments to the constitution of the 
United States. 

Same. — Section eleven establishes the mode of proced- 
ure in all criminal cases less than felony, in which the pun- 
ishment does not exceed a fine of one hundred dollars, or im 
prisonment for more than thirty days. All such cases are 
to be tried without indictment, before a justice of the peace, 
or other officer authorized by law. The accused has the 
right to appeal from the decision of the justice to the dis- 
trict court. 

Indictment. — In all other criminal offenses, an indict- 
ment must be brought against the person suspected of hav- 
ing committed the crime, before he can be held to answer 
for the crime of which he is accused. There is an exception 
to this in cases arising in the army or navy, or in the 
militia, when in actual service, in time of war or public dan- 
ger. Violators of military law are tried by a court martial, 
consisting of from three to thirteen members, according to 
the nature of the crime and the rank of the offender. 

Twice Tried. — Section twelve provides that after a 
person has been acquitted by a court of competent jurisdic- 
tion, he cannot be tried again for the same offense. A per- 
son charged with the perpetration of a minor crime, is en- 
titled to his liberty before conviction, upon giving bonds 
signed by responsible parties that he will present himself, 
at the appointed time, for trial. Such bonds are called bail, 
and are usually of twice the amount of the highest money 
penalty, or fine, that can be attached to the crime. 

If the person, thus set at liberty, fails to ap- 
pear for trial, the amount of the bond, or so much thereof 
as may be demanded by the court, is forfeited to the school- 



96 Iowa and the nation. 

fund of the county, and becomes a part of the semi-annual 
apportionment for the support of schools. Bail is not usu- 
ally accepted from persons charged with having committed 
capital crimes, when the proof is evident or the presumption 
great. A capital offense is one to which the death penalty 
may be attached. 

Habeas Corpus. — Section thirteen secures to all the 
right to a writ of habeas corpus, when application is made 
according to law. This right can be suspended and the 
writ refused, only in case of rebellion or invasion, or when 
the public safety may require it. The writ of habeas cor- 
pus has been called "The great writ of personal liberty." 

It is issued by the judge of the court having jurisdic- 
tion of the crime, and cannot be refused when proper appli- 
cation is made by the accused under oath, unless, in case of 
rebellion or invasion, the public safety may require it. 
This writ had its origin in England in the "Magna Charta" 
of King John, granted in the year 1215. Our forefathers 
esteemed this to be one of their grandest privileges, and it 
has always been recognized as an inherent right of all citi- 
zens of the United States. 

Military. — The fourteenth section places the military 
subordinate to the civil power. It declares that no stand- 
ing army shall be kept up in the state, in time of peace, 
and, in time of war, that no appropriation for a standing 
army shall be for a longer period than two years. The next 
section forbids the quartering of troops in any house, in 
time of peace, without the consent of its owner, and, in 
time of war, except in the manner prescribed by law. 

Treason. — Section sixteen defines treason against the 
state to consist in levying war against it, adhering to its en- 



IOWA AND THE NATION. 



97 



emies, or giving them aid and comfort. This is virtually 
the definition given of treason in the constitution of the 
United States. It is also provided, that no person shall 
be convicted of treason except upon the evidence of two 
witnesses to the same act, or upon confession in open 
court. 

Excessive Bail. — Section seventeen provides that any 
bail required shall not be excessive ; that is, beyond the na- 
ture of the crime for which it is taken. The imposing of 
excessive fines, and the infliction of cruel and unusual pun- 
ishments are expressly forbidden. 

Property Condemned. — The next section declares 
that private property shall not be taken for the use of the 
public without just compensation to the owner. The dam- 
ages resulting from the appropriation of private property 
for public purposes, shall be assessed by a jury, but no 
benefit that the owner of the property would receive from 
the improvements for which it is taken, can be considered 
in rendering the decision for damages. Every one is enti- 
tled to the use of his property to the exclusion of all other 
private citizens, but sometimes it becomes necessary to sac- 
rifice private rights for the public weal. 

Imprisonment for Debt. — Imprisonment for debt, 
in any civil process, except in case of fraud, is forbidden 
by the nineteenth section, and no person can be imprisoned 
for a military fine, in time of peace. So long as the Eng- 
lish common law was in operation in this country, imprison- 
ment for debt was common, but now it is usually forbidden 
by constitution or statute in all the states. If the action of 
the debtor is such that it is reasonable to suppose that he 
intends to avoid the payment of his debts by concealing his 



98 IOWA AND THE NATION. 

property, or removing it from the state, the provisions of 
this section will not apply. In Scotland, at the present 
time, a person may be imprisoned for a debt of forty dol- 
lars or more. Whittier's poem, "The Prisoner for Debt," 
graphically portrays the condition of persons confined for 
debt 

Right to Assemble. — Section twenty insures to the 
people some of their dearest rights, among which is that of 
assembling to counsel for the common good. The rope- 
makers of Boston held such meetings to devise means for 
resisting the British soldiery. The modern word caucus is 
said to be a corruption of caulkers, a term often applied to 
rope-makers. The right of making known their opinions to 
their representatives, and that of petitioning for a redress 
of grievances, are also guaranteed. 

Bill Of Attainder. — The language of the twenty -first 
section is as follows: "No bill of attainder, ex-post-facto 
law, or law impairing the obligation of contracts, shall ever 
be passed." A bill of attainder is a legislative act inflict- 
ing the penalty of death, without trial, upon persons sup- 
posed to be guilty of high crimes. In former times, the 
parliament of Great Britain passed laws of this kind, often 
for the purpose of reaching persons in high places who could 
not be gotten rid of by ordinary process of law. 

Ex-Post-FactO Law. — An ex-post-facto law is one 
that is passed after the commission of an act by which the 
act may be punished as a crime. It would seem that the 
prohibition of ex-post-facto laws would make the latter part 
of this section unnecessary. Ex-post-facto laws apply to 
criminal and penal statutes, but not to those that affect 
property only. Hence, we may say that this part of the 



Iowa and the nation. 99 

section prohibits ex-post-facto laws in the interests of 
contracts. 

Rights Of Aliens. — Section twenty -two grants to all 
foreigners residing in the state, the same rights in respect 
to the possession, enjoyment, and descent of property, as 
native-born citizens. 

Slavery. — The twenty -third section prohibits slavery, 
and declares that there shall be no involuntary servitude in 
Iowa, except for the punishment of crime. 

Lease Of Farm Lands. — The twenty-fourth section 
limits leases of agricultural lands from which rent or 
service of any kind is reserved, to a period not exceed- 
ing twenty years. 

Rights Reserved. — The ticenty-fifth section is a fit- 
ting one with which to close this Bill of Rights. Its 
language is, "The enumeration of rights shall not be con- 
strued to impair or deny others, retained by the people." 
Liberty, civil and religious, is insured to all within the 
borders of the state, and, as if this were not enough, any 
other privileges that may be enjoyed, are reserved to the 
people. Surely our government rests on a foundation 
broad and deep. 



100 tOWA AND THE NATION; 



CHAPTER XIII. 
ARTICLE II.— Right of Suffrage. 

Right to Vote. — The constitution of every free govern- 
ment designates those persons who have the right to vote. 
With us, all political power is inherent in the people. This 
power is sometimes called the elective franchise, and it con- 
sists in the right to vote for public officers and measures pro- 
posed for the common good. It is customary in the United 
States to restrict this right to male citizens, at least twenty- 
one years of age. Persons under that age are thought to be 
too young to know how to vote properly upon questions of 
public importance, but, at best, the rule is an arbitrary one. 
Some standard must be adopted, and perhaps the one in use 
is as good as any that could be devised. 

Qualifications Of Voters. — The lowest, or mini- 
mum, age at which persons may vote is the same in all the 
states, but aside from that there is no uniformity. Few of 
the states agree in all points relating to the qualifications 
of voters. Wyoming and Colorado allow women to vote at 
all elections, and several other states give them the right to 
vote on school and municipal matters. All of the states 
bordering on Iowa, with the exception of Illinois, allow 
aliens, who have declared their intention to become citizens 
of the United States, to vote at all elections, provided they 
have the qualifications as to age, sex, residenoe, etc., as 
provided by the state constitution. 



IOWA AND THE NATION. 101 

Residence. — Some of the states require two years' 
residence within the state as a qualification for voting, and 
at least two states lower this qualification to three months' 
residence. The residence in the county required of 
voters varies from no time specified to a residence of one 
year, and the same variation occurs with reference to resi- 
dence in the voting precinct. In several of the states, vot- 
ers are required to register their names and places of resi- 
dence at a specified time before the election, and failing in 
this, they are deprived of the right to vote at that election. 

Other Qualifications. — Some of the states require a 
property qualification of electors — that is, before a person, 
otherwise legally qualified, can vote, he must prove that he 
owns a certain amount of property, or pays taxes or rent of 
a specified sum. Several state constitutions provide that 
c 'Indians, who have renounced their tribal relations and 
who have donned the habiliments of civilization, may vote 
at any election now or hereafter authorized by law.'' Sev- 
eral of the states require educational qualifications of elect- 
ors, while others have no such restriction, and some do not 
even require citizenship of the United States as a qualifica- 
tion for voting. 

Privileges. — All electors who are not accused of 
treason, felony, or breach of the peace, are privileged from 
arrest on election day, while attending the election, or 
going to or returning from the same. No elector is obliged 
to perform military duty on the day of election, except in 
time of war or public danger. Persons engaged in the mil- 
itary, naval, or marine service of the United States do not 
gain a residence in the state by being stationed here in the 
discharge of their duties. 



102 IOWA AND THE NATION. 

Exceptions. — Idiots and insane persons are prohibited 
from exercising the right of suffrage because they cannot 
do so understandingly. The only qualified electors who 
are denied this privilege, are those who have been convicted 
of some infamous crime. It would not be wise to allow 
criminals a voice in making the laws. 

Ballot Reform. — The right of electors to vote as they 
choose is established by the last clause, which declares that 
all elections by the people shall be by ballot. To correct 
certain abuses in the method of voting by ballot, the gen- 
eral assembly, in 1892, passed a law providing for a secret 
ballot, known as the "Australian Ballot." Although not a 
part of the constitution, this law is a very valuable one, 
and a brief history of the plan, as well as the prominent 
features of the Iowa law relating to this manner of voting, 
will now be given. 

Belgian Ballot. — This method of voting had its ori- 
gin in New South Wales, Australia, in 1857. Fifteen years 
later, it was adopted in England, and afterwards by Canada. 
Within the past six years, nearly every state in the Union 
has adopted a secret ballot based upon the Australian plan. 
The Iowa law is based upon a plan used in Belgium, and 
should properly be called the "Belgian Ballot." By the 
former plan, the candidates are classified by offices, while 
by the latter, the are grouped according to political 
parties. 

Old Plan. — Up to the time that this law went into ef- 
fect, election ballots were printed by political parties or by 
the candidates for office This plan was an expensive one, 
and there were many abuses connected with it. The secret 
ballot now in use makes it impossible for a corrupt politi- 



IOWA AND THE NATION. 103 

cian who wishes to buy votes to be sure that the voter has 
cast the ballot as agreed upon. 

Nomination of Candidates. — Candidates for the 
various offices to be filled are put in nomination by conven- 
tions of delegates. Candidates for state officers are nomi- 
nated in a state convention composed of delegates from 
each of the counties. Candidates for district offices are 
named by delegates from the counties in the district, and 
for county officers by a county convention composed of del- 
egates chosen from each of the townships of the county. 
Candidates for township offices are nominated by each polit- 
ical party in a township meeting called a caucus. 

Ballots. — There are as many state, district, and 
county conventions held as there are political parties. The 
names of all the candidates for all the offices to be filled 
are printed together on sheets called l 'blanket'' ballots. 
The names of the candidates are arranged in columns with 
the name of each political party at the head of the proper 
column. 

Ballots Furnished. — The ballots are prepared and 
printed under the direction of the county auditor, and every 
ballot printed must be accounted for. The ballots are 
printed at the expense of the county, and as many as are 
likely to be needed are furnished the judges of election at 
each voting precinct. 

Marking" Ballots. — On the day of election, the voters 
assemble to cast their ballots. A voter approaches the 
table about which the judges of election are seated, an- 
nounces his name and asks for a ballot. In cities of two 
thousand inhabitants and upwards, voters are required to 



104 



IOWA AND THE NATION. 



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IOWA AND THE NATION. 105 

register their names and residences a certain number of 
days preceding the election, or forfeit the right to vote. 
In case registration is required, the voter's name must be 
checked on the registration book before he will be given a 
ballot. One of the judges takes a folded ballot and writes 
his initials upon the back. The voter then takes the ballot. 
passes into a booth, and prepares his ballot secretly. 

Ballots. — At the head of each column is a circle, and 
there is a square place in front of the name of each candi- 
date. If the voter wishes to vote a straight ticket, he 
makes a cross (X) in the circle at the head of the column 
which contains the names of the candidates of his political 
party. If he wishes to scratch the ticket — that is, 
vote for candidates belonging to different parties — he puts 
the cross in the squares in front of the names of the can- 
didates for whom he wishes to vote. The marking must 
be done so as to show his preference for one candidate for 
each office. 

Voting. — Having marked his ballot, he folds it so as 
to show the initials of the judge of election who marked 
it, passes out of the booth, and hands the ballot to one of 
the judges of election, at the same time announcing his 
name, so that it may be recorded by the clerks of election. 
If a ballot is soiled, or found to be defective, the voter 
must return it to the judges of election and get another. 
He will not be permitted to take a ballot away with him. 
Blind voters, and those who cannot read, may have assist- 
ance in marking their ballots. 



106 IOWA AND THE NATION. 



CHAPTER XIV. 
ARTICLE III. — Distribution of Powers. 

Branches of Government. — Government, both state 
and national, is divided into three branches: — legislative, 
executive, and judicial. It is intended that each branch 
shall be independent of the others, but this is not always 
possible. Each state in the Union has a constitution which 
provides for these three branches and defines the powers of 
each. The legislative branch is also called the law-making 
power; the executive branch, the law-enforcing power, and 
the judicial branch, the law-interpreting power. 

Legislative Branch. — The legislative branch of gov- 
ernment in Iowa is called the general assembly, or state 
legislature, which consists of a senate and a house of rep- 
resentatives. The style, or heading, of every law passed by 
the General Assembly is: "Be it enacted by the General As- 
sembly of the State of Iowa." The sessions are biennial 
and are designated by number. The session to be held in 
1896 will be the meeting of the Twenty-Sixth general 
assembly. 

House of Representatives. 

Qualifications. — The house of representatives, or 
lower house, as it is sometimes called, is composed of mem- 
bers chosen every second year by the qualified voters of their 
respective districts. A representative must be a male citizen 



IOWA AND THE NATION. 107 

of the United States, at least twenty-one years of age. He 
must have been an inhabitant of the state of Iowa one year 
next preceding his election, and, at the time of his election, 
must have had an actual residence cf sixty days in the coun- 
ty or district he is chosen to represent. 

Number Of Members. — The house of representa- 
tives now consists of one hundred members, the largest num- 
ber possible under the constitution. The number of repre- 
sentative districts is ninet} T -one, and the ratio of represen- 
tation is one representative for every twenty-two thousand 
inhabitants or fraction thereof more than one-half in the dis- 
trict. As the population of the state increases, it becomes 
necessary to increase the ratio of representation. This 
may be done at any regular session of the general assembly. 
No representative district can contain more than four 
counties, and each district is entitled to at least one 
representative. 

Additional Representation.— Every county or dis- 
trict having a number of inhabitants equal to one-half of 
the ratio of representation is entitled to one representative, 
and a county or district having a population equal to one 
and one-half times the ratio of representation is entitled to 
one additional representative. By this provision, there is a 
gain of nine members in the ninety-one districts of the 
state. 

Census. — Section 33, of Article III, of the constitu- 
tion, says: "The general assembly shall, in the years 
1859, 1863, 1865, 1867, 1869, 1875, and every ten years 
thereafter, cause an enumeration to be made of all the in- 
habitants of the state." These enumerations, together with 
the United States census, taken in the last year of each reg- 



108 IOWA AND THE NATION. 

alar decade, enable the general assembly to apportion the 
senators and representatives among the several districts. 

Election. — The members of the house of representa- 
tives are chosen at the general election, held on the Tues- 
day next after the first Monday in November of each odd- 
numbered year. In some of the states, the meetings of the 
legislature are held every year, and the members in such 
instances are elected annually. 

Qualification of Voters. — It will be seen by section 
one of the second article of the constitution, that every male 
citizen of the United States, twenty-one ygars of age, or over, 
who has been a resident of the state six months, and of the 
county in which he claims his vote, sixty days next preced- 
ing the election, is duly qualified to vote at any election 
held in this state. These are the only qualifications required 
of voters for members of the general assembly. Sections 
four and five of the same article contain the only exceptions 
to the above qualifications. 

Citizenship. — The term citizen is often improperly 
restricted to those persons who have the right of suffrage. 
Many voters in the United States are not citizens, and, in all 
the states, many citizens are not voters. The fourteenth 
amendment to the United States constitution sa}'s: "All 
persons born or naturalized in the United States, and sub- 
ject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside. " In some states, 
foreigners acquire the right to vote at all state elections up- 
on taking out the first naturalization papers. That is not 
the case in Iowa, however. Here a foreigner must have 
completed the process of naturalization before voting at any 
election. 



IOWA AND THE NATION. 109 

Vacancies. — When vacancies occur in either house, 
it is the duty of the governor, or acting executive officer, 
to issue writs of election to fill such vacancies. 

Powers. — The house of representatives has the same 
power as the senate in general law-making. Bills may 
originate in either house, and may be amended, altered, 
or rejected by the other, The power to impeach state 
officers is vested in the house of representatives, but 
the trial of all persons impeached rests with the senate. 
\Yith this exception, the powers of both houses are the 
same. 

The Senate. — The senate is composed of members 
chosen by the qualified voters of the several senatorial dis- 
tricts. The constitution provides that the number of sena- 
tors shall not be less than one-third, nor more than one- 
half the number of representatives. The senate is now 
composed of fifty members, the largest number possible 
under the constitution. 

How Composed. — The state is separated into fifty 
senatorial districts, and each district is entitled to one sena- 
tor. In some of the other states, the senate is a much 
smaller body than in Iowa. In all of the states, the senate 
has fewer members than the house. In Iowa, the senator- 
ial term is four years. 

Qualifications. — Senators must be at least twenty- 
five years of age. The qualifications as to citizenship, in- 
habitancy, and residence are the same as for representatives. 
It was intended by the founders of the constitution that the 
senate should be composed of men of wide experience, and 
hence the distinction in age was made. In this respect, the 



110 IOWA AND THE NATION. 

state constitution is modeled after the constitution of the 
United States, although the minimum age required is not 
the same. 

Senators Classed. — At the first session of the legis- 
lature, the senators were divided into two classes as nearly 
equal as possible. The term of those belonging to the first 
class expired in two years, and that of the others in four 
years. The successors of the members of each class were 
chosen for four years. As the number of senators in- 
creased, they were annexed, by lot, to one or the other of 
the two classes, so as to keep them as nearly equal in num- 
bers as practicable. At present, there are two classes of 
twenty-five members each . 

Powers. — The senate is co-ordinate with the house in 
all general legislation. The impeachment of all state offi- 
cers rests with the house of representatives, but the trial of 
those impeached is conducted by the senate. When acting 
as a court in such cases, the senators are placed under oath 
or affirmation to decide the case upon its merits. No per- 
son can be convicted without the concurrence of two-thirds 
of the members present. 

Impeachment. — The governor, judges of the supreme 
and district courts, and other state officers, are liable to im- 
peachment for any misdemeanor or malfeasance in office. 
Judgments in such cases extend only to removal from office, 
and disqualification to hold any office of honor, trust, or 
profit under the state. The decision of the senate does not 
prevent the offender from being indicted, tried, and pun- 
ished, according to the laws which govern the crime of 
which he is accused . 



IOWA AND THE NATION. Ill 

Sessions. — The sessions of the general assembly are 
held once in two years, at the seat of government, and com- 
mence on the second Monday in January of each even- 
numbered year. The governor may, in cases of necessity, 
convene the general assembly by proclamation, before the 
regular time, of meeting. At two o'clock in the after- 
noon of the day on which the legislature meets, each house 
is called to order by some person present who claims to be 
a member. A temporary secretary of the senate, and clerk 
of the house are then chosen, and they proceed to prepare 
lists of those claiming membership, each for his own house. 

Credentials. — The persons whose names appear on 
these lists appoint a committee of five members of each 
house on credentials. The chairman of these committees 
report the names of those who hold certificates of election 
to membership, and each house then proceeds to form a per- 
manent organization, by the election of officers. The lieu- 
tenant-governor is eX'officio presiding officer of the senate 
and acts in this capacity during the term for which he is 
elected. He is not a member of the senate, however. The 
presiding officer of the house of representatives, called the 
speaker, is chosen from among its own members. The 
other officers of the senate are the secretary and two assist- 
ants, an enrolling clerk, an engrossing clerk, sergeant-at- 
arms, janitor, and doorkeeper. 

Officers. — The house officers are a chief clerk and 
two assistants, clerks for enrolling and engrossing, a ser- 
geant-at-arms, two postmasters, doorkeeper, janitor and as- 
sistant, and mail carrier. 

Oath. — Members of the general assembly must take an 
oath, or affirmation, before entering upon the discharge of 



112 IOWA AND THE NATION. 

their duties. The form of the oath is as follows : ' ( I do 
solemnly swear (or affirm, as the case may be), that I will 
support the constitution of the United States, and the con- 
stitution of the state of Iowa, and that I will discharge the 
duties of senator (or representative), to the best of my 
ability." This is, substantially, the oath taken by all 
officers in the state, from the lowest to the highest. 
Members of either house are authorized to administer the 
oath to each other, or to any other persons doing business 
with them when in session, or when acting as members 
of committees. 

Pay. — The members of the general assembly are 
allowed a compensation for their services, the amount of 
which is determined by law. At the first meeting under 
the new constitution, the members of each house received 
three dollars per day for their services while in session, and 
three dollars for every twenty miles traveled in going to 
and returning from the seat of government by the nearest 
traveled route. 

Special Session. — The law now is that every member 
shall receive five hundred and fifty dollars for each regular 
session, and five cents for each mile traveled in going to and 
returning from the capital. For each special session, each 
member receives the same compensation per day that was 
received by members at the preceding regular session. For 
example, if the legislature remained in session one hundred 
days at the last regular meeting, the rate per day would be 
five dollars and a half. This, then, would be the rate of 
compensation for each day of the special session. In no 
case, however, can the pay of members for any special 
session, be more than six dollars per day, exclusive of 







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IOWA AND THE NATION. 113 

mileage. Members and clerks are supplied with all neces- 
sary stationery at the expense of the state. 

When Paid. — At the expiration of thirty days from 
the convening. of the general assembly, the members are en- 
titled to draw the mileage due them, and also one-half of 
the compensation for the entire session. The minor officers 
and employes receive their pay from time to time upon the 
certificates of the presiding officers of the respective houses 
in which they are employed. The remainder of the salary 
of members is paid at the close of the session. 



114 IOWA AND THE NATION. 



CHAPTER XV. 
LEGISLATIVE DEPARTMENT. 
Special Provisions. — Each house chooses its own 

officers, and judges of the qualification, election, and returns 
of its own members. A person who has not all the neces- 
sary qualifications for membership may be elected, and 
his certificate of election properly returned. It is left with 
each house to decide all questions of this kind. A eon- 
tested election is settled in a manner prescribed by law. 
The speaker of the house holds his office the full term for 
which he was elected, but all other officers serve only dur- 
ing the session at which they were chosen. 

Quorum. — A majority of the members of each house 
constitutes a quorum for the transaction of business. But 
a smaller number may adjourn from day to day and may 
compel the attendance of absent members, in such manner, 
and under such penalties, as each house may provide. This 
rule applies in all legislative bodies, and its necessity is 
often shown. 

Adjournment. — Each house determines the time of 
its own adjournment with the restriction that neither 
house shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that in 
which they may be sitting. The reason for this exception 
is, that one house might retard the business of the other, 



IOWA AND THE NATION. 115 

or prevent legislation altogether, by adjourning from place 
to place, or for an indefinite period of time. 

Rules Of Order. — In addition to keeping and pub- 
lishing a journal of its own proceedings, each house deter- 
mines the rules by which it is governed. Tn the absence of 
other rules, those contained in Cushing's Manual of Par- 
liamentary Practice are used. One of the rules established 
by the constitution is, that each house shall sit with open 
doors, except on such occasions as require secrecy. This is 
not properly a rule of order, however. 

Members may be punished or expelled for disorderly 
conduct. It requires a two-thirds vote to expel, and 
no person can be so punished a second time for the same 
offense. 

Freedom of Speech. — No member can be called in 
question in any other place for anything he may say in any 
speech or debate upon any question in either house. The 
rules of order determine the mode of procedure in debate, 
and a member may be denied the right to participate in dis- 
cussion for violating those rules. 

Privilege. — Senators and representatives, in all cases 
except treason, felony, and breach of the peace, are privi- 
leged from arrest while attending a session of the legisla- 
ture, and in going to and returning from the same. Were 
it not for this provision, members of the legislature might 
be arrested on false charges and thus be prevented from 
taking part in the work of law-making. 

Right to Object. — Any member has the right to dis- 
sent from, or protest against, any act or resolution which he 
may consider injurious to the public, or to private citizens. 



116 IOWA AND THE NATION. 

He may also have his objections to the measure entered 
upon the journal of the house of which he is a mem- 
ber. At the call of any two members present, a vote 
by yeas and nays must be taken and recorded in the 
journal. 

Yeas and Nays. — The process of voting in this way 
is longer than the ordinary one, but it serves to put each 
member upon record as to how he votes. The names of 
members and the manner of voting are made a part of the 
record, and the people, in this way, are enabled to learn 
just what their representatives are doing. 

Privilege. — Any person who knowingly arrests a 
member in violation of his privilege, is guilty of contempt, 
and may be punished by fine or imprisonment, or both. 
The same penalty may be inflicted upon any one for as- 
saulting or threatening to assault a member, or injure his 
person or property, on account of anything said or done by 
him in the discharge of his duties. Any attempt to con- 
trol or influence the action of a member, by menace or oth- 
er improper means, is considered a contempt, and may be 
punished as prescribed above. Several minor offenses may 
be treated in the same way. 

Punishments. — Fines and imprisonments for con- 
tempt are made upon an order from the proper house. The 
order, with the reasons for which it was issued, must be 
entered upon the journal. A warrant for imprisonment is 
signed by the presiding officer, and countersigned by the 
secretary or clerk. The sheriff, or jailor, of the proper 
county receives the warrant, and serves it in the same man- 
ner as any other writ. Such imprisonment cannot extend 
beyond the session at which it is ordered, but the guilty 



IOWA AND THE NATION. 117 

party may be tried and punished for the same offense, in 
the courts of the state. 

Witnesses. — Any person may be summoned by sub- 
poena, to appear before any committee of either or both 
houses to testify upon any subject which the committee 
may be considering. The person so summoned is entitled 
to the same compensation as witnesses before the district 
court, but he cannot demand the payment of his fees in 
advance. 

Other Offices. — As a means of preventing fraud, 
the following section was adopted: "Xo senator or repre- 
sentative shall, during the time for which he shall have 
been elected, be appointed to any civil office of profit under 
this state, which shall have been created, or the emoluments 
of which shall have been increased during such term, except 
such offices as maybe filled by elections by the people." 
A similar provision is contained in the constitution of the 
United States. 

Ineligibility. — Persons holding lucrative offices under 
the United States, the state of Iowa, or any other power, 
are declared by the constitution of the state to be ineligible 
to a seat in the general assembly. Officers of the militia who 
draw no annual salary, justices of the peace, postmasters, 
whose compensation is not more than one hundred dollars 
per year, and notaries public, are not included in the pro- 
visions of this section. 

Same. — Before any person who has been a holder 
or collector of public money, can take his seat as a member 
of the general assembly, or be eligible to hold any office of 
trust or profit in this state* he must have accounted for and 



11.8 IOWA AND THE NATION. 

paid into the treasury all funds belonging to his office. 
This is to prevent persons, guilty of appropriating public 
money to improper uses, from becoming legislators in their 
own behalf. 

Prohibitions. — After any officer, public agent, or 
contractor, has entered upon the discharge of his duties, or 
completed the services agreed upon, he cannot receive any 
extra compensation for such services. No money can be 
drawn from the public treasury except in accordance with 
appropriations made by law. Money cannot be paid on any 
claim that was not provided for by pre-existing laws, and 
the appropriation of public money or property, for private 
purposes, cannot be made except with the concurrence of 
two-thirds of all the members elected to each house. 

Laws General. — The general assembly is forbidden 
to pass any local or special laws for levying taxes for 
state, county, or road purposes; for laying out and 
improving roads ; for changing the names of persons ; for 
the incorporation of cities and towns ; for vacating roads, 
town plats, streets, alleys, or public squares; and for locat- 
ing or changing county seats. In these and all other cases 
of a general nature, all laws must be of uniform operation 
throughout the state. The legislature can pass no law for 
changing the boundaries of counties, that may not, at a 
general election, be ratified or rejected by the people of the 
counties affected. 

Prohibitions. — The general assembly is prohibited 
from granting divorces, or authorizing lotteries and the sale 
of lottery tickets within the state. Only one subject, with 
the matters pertaining to it, can be included in any one bill, 
and the subject treated of must be stated in the title of the 



IOWA AND THE NATION. 119 

bill. If the subject matter of any bill is not expressed in 
the title, that part of the act referring to such subject mat- 
ter is void. 

Laws take Effect. — Laws of a public nature, passed 
at a regular session of the legislature, do not take effect 
until the Fourth of July after they are passed. The laws 
enacted at a special session take effect in ninety days after 
adjournment. Any law that is deemed to be of special 
importance may be put into effect by publication in certain 
designated newspapers published in the state. 

Committees. — The draft of a proposed law is called 
a bill. As it would be impossible, in open session, to trans- 
act all business connected with law-making, it is customary 
to refer certain parts of the work to committees. These 
committees are of two kinds, standing and special. The 
nature of the measure determines the committee to which 
it is referred. Committee meetings are held between the 
daily sessions of the legislature, and the result of their de- 
liberations is reported to the proper house for final action. 

Approval Of Governor. — Bills may be introduced in 
either house, but the other house may alter, amend, or re- 
ject them altogether. Before a bill can become a law, it 
must pass both houses and be signed by the speaker of the 
house and the president of the senate. It is then presented 
to the governor for approval. If he is satisfied with its 
provisions, he affixes his signature, and the bill becomes a 
law. If he objects to the bill, it is his duty to return it to 
the house in which it originated, with his objections. 

Veto. — These objections being entered upon the jour- 
nal, this house then proceeds to reconsider the bill. If, 



120 IOWA AND THE NATION. 

after such reconsideration, the bill is again passed by a two- 
thirds majority of each house, it becomes a law, notwith- 
standing the governor's objections. The refusal of the gov- 
ernor to sign a bill is called his veto. Veto is a Latin ex- 
pression, signifying, "I forbid it." The veto power is sel- 
dom exercised in this state. 

Governor's Neglect. — The failure of the governor 
to return a bill within three days from the time it is pre- 
sented to him (Sunday excepted), is equivalent to his signa- 
ture, unless the general assembly, by adjournment, prevent 
its return. A bill presented to the governor during the last 
three days of the session must be deposited by him with 
the secretary of state within thirty days from the time the 
legislature adjourned. He must also signify his approval 
by signing the bill, or if he vetoes it, his objections must 
be filed with the secretary of state, along with the bill itself. 

Reading's of Bill. — Every act or resolution receives 
three separate readings, but its second and third readings 
can not occur upon the same day. A bill cannot be passed 
without the assent of a majority of all the members elected 
to each branch of the legislature. The question upon its 
final passage must be taken immediately after its last read- 
ing; the vote being by yeas and nays. 

Joint Convention, — Certain business of the general 
assembly is transacted in joint convention of both houses. 
Such meetings are held in the hall of the house of repre- 
sentatives, and in the absence of the president of the sen- 
ate and speaker of the house, a temporary president is cho- 
sen on joint ballot. A record of the proceedings is kept by 
the clerk of the house and the secretary of the senate, and 
recorded by them upon the journals of their respective 
houses. 



IOWA AND THE NATION. 121 

United States Senators. — United States senators 

are elected by the legislature in joint convention in the fol- 
lowing manner: The names of the members are arranged 
in alphabetical order ; and each one votes in the order in 
which his name stands on the list. The name of the per- 
son voted for, and of the one voting, are recorded in writ- 
ing by the judges of election, and, after the names are read 
a second time, to correct any errors of record that may have 
been made, the judges report to the presiding officer the 
number of votes each candidate has received. If no one 
has received a majority of all the votes cast, a second vote 
is taken, and so on from time to time until some one re- 
ceives a majority. 

Election. — The person receiving such a majority is 
declared to be duly elected, and the president of the con- 
vention signs duplicate certificates of election, one of which 
is transmitted to the governor, the other being preserved 
as a part of the records of the convention. This is substan- 
tially the plan pursued in the election of all officers chosen 
by the general assembly in joint convention. 



122 IOWA AND THE NATION. 



CHAPTER XVI. 

EXECUTIVE DEPARTMENT. 

Constitution. — Article IV. 

Governor. — To the executive department belongs the 
duty of enforcing the laws of the state. The chief offi- 
cer of this department is the governor, who is elected even- 
second year by the qualified voters of the state. The elec- 
tion occurs on the Tuesday next after the first Monday in 
November of each odd-numbered year, and the term of 
office begins on the second Monday in January following 
the election. The duties of the governor are very impor- 
tant, for to him is entrusted the enforcement of the laws 
of the state. 

Qualifications. — The qualifications of the governor 
are not the same in all the states. In Iowa, no person is 
eligible to that position who is not a male citizen of the 
United States, at least thirty years of age, and who has not 
been a resident of the state for two years immediately pre- 
ceding the election. A lieutenant-governor is chosen at the 
time the governor is elected. He must have the necessary 
qualifications for governor, and his term of office is the 
same as that of the governor. 

Returns of Election. — The returns of the election 
for governor and lieutenant-governor are sealed and trans- 
mitted to the seat of government. They are directed to 
the speaker of the house of representatives, and it is his 



IOWA AXD THE NATION. 123 

duty to open and publish them in the presence of both 
houses of the general assembly. In some states these offi- 
cers are elected every year. 

The persons who have received the highest num- 
ber of votes for governor and lieutenant-governor res- 
pectively, are declared elected. In case of a tie vote for 
two or more persons for either office, it is the duty of the 
general assembly in joint meeting to proceed to the election 
of governor or lieutenant-governor, as the case may be. 

Duties. — The governor is commander-in-chief of the 
militia, and of the army and navy of the state. He trans- 
acts business with all civil and military officers of the gov- 
ernment, and receives information from the other officers 
of the executive department upon any subject pertaining to 
their duties. 

When any office becomes vacant from any cause, it is 
the duty of the governor to fill the vacancy by appointment, 
unless the constitution or laws of the state provide some 
other way. The appointment lasts only until the end of 
the next meeting of the legislature or the next general elec- 
tion by the people. 

Call Special Session.— He may, on extraordinary 

occasions, call a special session of the general assembly by 
proclamation, and when both houses have assembled, it is 
his duty to state to them the reasons for which they have 
been convened. This action is rarely taken except in cases 
of public danger, as the expense of holding a session for a 
few days only amounts to a large sum of money. The 
mileage is the same for a special as for a regular session. 

Message. — After the organization of the general as- 
sembly is completed, the governor's message is read to 
each house by its clerk. This message contains a state- 



124 IOWA AND THE NATION. 

ment of the condition of the state, together with such 
recommendations as the governor may see fit to make con- 
cerning -matters of importance. This document corres- 
ponds to the president's annual message to congress, and is 
always written or printed. The first two presidents made 
their recommendations in person, but since their time, the 
present custom has prevailed. 

Powers. — In case both houses fail to agree upon the 
time of adjournment, the governor fixes the time at which 
that body shall stand adjourned. The power to prorogue, 
or forbid the assembling of the legislature, is expressly de- 
nied by the last clause of section thirteen of this article. 

Same. — The governor has power to grant commuta- 
tions and pardons in all cases except treason and impeach- 
ment, subject to regulations provided by law. A reprieve 
is a temporary suspension of the death penalty that has 
been passed upon a person convicted of a capital crime. 
For a number of years, the death penalty was forbidden by 
the laws of the state, but it was revived in 1878, and 
may be applied upon conviction of murder in the first de- 
gree. A commutation of a sentence shortens the time or 
lessens the severity of the punishment. A pardon forgives 
the criminal and orders his release. 

Suspension Of Sentence. — After a person has been 
convicted of treason, the governor may suspend the execu- 
tion of the sentence until the legislature can act upon the 
matter. That body may either grant a pardon, commute 
the sentence or direct its execution, or extend the time of 
the reprieve. The governor has the power to remit fines 
and forfeitures also, but under certain restrictions made by 
law. 






IOWA AND THE NATION*. 125 

Report. — Each case of reprieve, commutation, par- 
don, or remission of fine or forfeiture must be reported to 
the general assembly at its next meeting. The name of the 
person relieved from any of the above penalties, with the 
reasons for the executive action, must form a part of the 
report. 

Lieutenant-Governor. — The lieutenant-governor is 
ex-officio president of the senate, but he has no vote except 
when that body is equally divided. In case of the absence 
or disability of this officer, or when he is discharging the 
duties of governor, it becomes necessary for the senate to 
choose a president pro-tern. The salary of the lieutenant- 
governor is fixed at double that of members of the senate. 
This, according to the present law, amounts to eleven hun- 
dred dollars for the term of two years. In case of the 
death, impeachment, resignation, or removal of the gov- 
ernor, the duties of that officer devolve upon the lieutenant- 
governor, and during the time he is acting in such capacity, 
he receives the same compensation as the governor. 

President pro tem. — If the lieutenant-governor, 
while acting as governor, is impeached or displaced, or for 
any other reason becomes unable to perform the duties de- 
volving upon him, the president pro-tern of the senate acts 
as governor until the vacancy is filled, or the disability re- 
moved. And in case this officer becomes disqualified from 
any cause, the speaker of the house of representatives acts 
in his stead. 

Great Seal. — Motto. — The governor is the custodian 
of the great seal of the state, which is used by him officially 
in sealing all grants and commissions. All commissions 
granted by the governor must be signed by him and coun- 
tersigned by the secretary of state. The motto of the state 



126 



IOWA AND THE NATION". 



is a grand one: "Our liberties we prize, and our rights we 

will maintain."' 




Salary. — The salary of the governor is fixed at three 

thousand dollars a year. He is allowed five hundred dol- 
lars a year additional for serving: as a member of the execu- 
tive council, and his traveling expenses when visiting the 
different state institutions. His house rent, not to exceed 
six hundred dollars annually, is also paid out of the state 
treasury. 



IOWA AND THE NATION'. 



CHAPTER XVII. 

Other State Officers. 

Other Officers. — The constitution also provides for 
the election of a secretaiy of state, an auditor of state, 
and a treasurer of state, to be elected by the qualified 
voters for a term of two \'ears. Several other officers, 
properly belonging to this branch of the government have 
been authorized by law, and the duties of all of these will 
now be discussed in a general way. 

Secretary Of State. — The secretary of state has 
charge of all the records of the territorial government of 
Iowa, the enrolled copies of the constitutions of the state — 
the old one of 1846 and the new one of 1S57 — and all other 
records of the state not kept by the other executive officers. 
All commissions signed by the governor are countersigned 
by him. and a record of them is kept by him in a register 
provided for that purpose. 

Report. — Salary. — He is also required to make a 
biennial report to the governor of all criminal cases as re- 
ported to him by the clerk of the district court of each 
county. He also acts as register of the land office, and 
there are man}' valuable papers and records relating to the 
sale of public lands on file in his office. His bond is fixed 
at not less than five thousand dollars, but it is usually much 
more than that. His salary is twenty-two hundred dollars 
a year, and that of his deputy, fifteen hundred dollars. 
His election occurs in the even-numbered years. 



128 IOWA AND THE NATION. 

AuditOP Of State. — The auditor is the general 
accountant of the state, and to him is entrusted the duty 
of keeping a correct account of all moneys belonging to the 
state, as well as of all moneys expended. He superintends 
the fiscal affairs of the state, and furnishes information and 
blanks in the proper form to enable county auditors and 
treasurers to report to him the items they are required to 
furnish by law. 

Duties. — He draws warrants on the state treasury for 
all appropriations authorized by law, and reports to the 
governor before each regular session of the general assem- 
bly, the amount of all revenue, funds, income, and taxable 
property of the state, together with the expenditures for all 
purposes since his last report. 

Report. — Salary. — On the first Monday of March 
and September of each year, he apportions the interest on 
the permanent school fund among the counties in propor- 
tion to the number of persons of school age in each. The 
office of the auditor is at the seat of government, and 
everything that is necessary to enable him to discharge the 
duties devolving upon him is furnished at the expense of 
the state. His bond is fixed at not less than ten thousand 
dollars. His salary is twent} T -two hundred dollars per year, 
and that of his deputy, fifteen hundred dollars. 

Treasurer Of State. — The treasurer receives all 
moneys belonging to the state and pays all warrants drawn 
upon the treasury by the auditor. He keeps a record of all 
warrants paid by him, and reports to the auditor once a week 
the number and amount of all warrants paid since his last re- 
port, and also the name of the payee in each case. A report 
of the affairs of his office must be made to the governor as 
soon as practicable after the first Monday of November in 



IOWA AND THE NATION. 129 

each odd-numbered year. His bond is fixed at not less 
than three hundred thousand dollars. His salary is twenty- 
two hundred, and that of his deputy, fifteen hundred 
dollars per year. 

Executive Council. — The governor, auditor, secre- 
tary, and treasurer of state, compose the executive council. 
Any three of these officers constitute a quorum for the 
transaction of business. The duties of this body are num- 
erous and important, for to it is given the general manage- 
ment of the property of the state. 

The duties of township trustees, town councils, and 
boards of supervisors as boards of equalization have been 
explained elsewhere. In the same manner, the execu- 
tive council of the state serves as a board of equalization 
between counties. A board of this kind is necessary 
in order that taxation for the support of the state govern- 
ment may be uniform. m 

Equalization. — For many years the rate of taxation 
for the support of the state government has been two and 
one-half mills on every dollar of the assessed value of the 
taxable property of the state. By accident or design, the 
property of a county might be assessed very low. This 
would lessen the amount of money raised for state purposes, 
but it would not affect local taxation. 

Taxes. — To raise a specified sum of money for school 
purposes, for example, by lowering the assessment, it 
would be necessary simply to raise the rate of taxation. 
Local boards, generally, are required to estimate the amount 
of money to be raised instead of fixing the rate of assess- 
ment. The rate is computed by the county auditor by divid- 
ing the amount of money to be raised for any purpose b}' 
the assessed value of the property m the district to be taxed. 

9 



130 IOWA AND THE NATION. 

Duties Of Council. — The executive council acts as a 
board to audit accounts of supplies furnished the different 
state officers, and provides paper for the public printing, as 
well as stationery for the general assembly, the public offices, 
and the supreme court. All warrants drawn by this board 
are paid out of the public treasury, but all moneys so drawn 
must be reported to the next general assembly. The officers 
that compose this council receive five hundred dollars each 
for their services, in addition to their regular salaries. 

Superintendent of Public Instruction.— The state 
superintendent of public instruction has general supervision 
of the public schools of the state. He holds conventions 
of county superintendents, from time to time, for the pur- 
pose of giving explanations and instructions that will lead 
to uniformity in the school work of the different counties. 

Duties. — By virtue of his office, he is a member of 
the board of regents of the state university, president of the 
board of directors of the state normal school, and of the 
educational board of examiners. He renders a written opin- 
ion to any school officer w r ho may desire it, and also decides 
all appeals from the county superintendent, when properly 
made. 

School Laws. — At the end of every fourth year, he 
nas a sufficient number of the school laws and decisions 
printed to supply each district in the state with at least one 
copy, bound in cloth, and enough paper covered copies of 
the school laws to furnish one to each school officer in the 
state. 

Report. — His report to the general assembly at each 
regular session embraces the number of teachers, schools. 
and school-houses, the condition of the public schools, and 



IOWA AND THE NATION". 131 

such other information as has been reported to him by the 
county superintendents. One thousand copies of this re- 
port are printed and presented to the general assembly on 
the second day of its session. It is also his duty to ap- 
point a normal institute in each county, annually, upon the 
assurance of the county superintendent that at least twenty 
teachers desire to attend such a meeting. 

Salary, Etc. — He is provided with an office at the 
seat of government, in which he keeps all the records, 
reports, and other public documents belonging to his office. 
His bond is not less than two thousand dollars. His com- 
pensation is twenty-two hundred dollars a year, and that of 
his deputy, fifteen hundred dollars. 

Mine Inspectors.— There are three mine inspectors 
appointed by the governor, with the consent of the senate. 
Their term of office is two years, commencing on the first 
day of April of each even-numbered year. For convenience, 
the state is divided into three districts, one inspector being 
assigned to each district. These officers are required to 
give all their time to the discharge of their duties, and a 
careful examination of all the mines of the state is made at 
frequent intervals. 

Duties. — It is their special duty to see that the mines 
operated in the state are properly ventilated, and that suit- 
able outlets from the mines are provided. They must also 
see that the best appliances for the preservation of the life 
and health of miners are used in the mines. No person can be 
appointed mine inspector unless he is a citizen of the United 
States and of Iowa, of good moral character, and at least 
twenty-five j^ears of age. Each mine inspector must have 
been a practical miner for at least five years. The salary of 
each inspector is twelve hundred dollars a year. 



132 IOWA AND THE NATION. 

Superintendent of Weights and Measures.— Thi8 

officer is appointed by the governor from among the profes- 
sors of the state university, being subject to removal at the 
pleasure of the governor. The standard weights and meas- 
ures are provided at the expense of the state and kept in a 
building erected for that purpose by the state. Copies of 
these weights and measures are furnished the boards of sup- 
ervisors at their request, and to be paid for out of the gen- 
eral fund of the county procuring them. The salary of the 
superintendent of weights and measures is fifty dollars a 
year. 

Veterinary Surgeon.— The state veterinary surgeon 
is appointed by the governor for a term of three years, un- 
less sooner removed. He must be a graduate of some vet- 
erinary college, and a person skilled in veterinary science.. 
He has general supervision of all contagious and infectious 
diseases of animals within the state, and he is empowered 
to quarantine any animals so diseased, whether they are 
owned in the state, or are in transit through the state. The 
person holding this office becomes a member of the state board 
of health by virtue of his appointment. His compensation 
is fixed at five dollars a day and actual expenses during the 
time he is occupied in the discharge of his duties. 

Attorney-General. — The attorney general is a law- 
yer who acts as counsel for the general assembly and state 
officers, and appears for the state in all cases, civil or crimi- 
nal, in which the state is a party, when requested to do so 
by the governor, executive council, or general assembly 
He appears as prosecuting attorney for the state in all 
criminal cases tried by the supreme court upon appeal from 
the district court. At the request of any state officer or 
county attorney, it is his duty to give, free of charge, his 



IOWA AND THE NATION. 133 

opinion in writing upon any question of law that may be 
submitted to him. 

He reports to the general assembly such information 
concerning the business of his office as may be required by 
that body. His salary is fixed at fifteen hundred dollars 
per year, and, in addition to this, he receives five dollars 
per day for attending all sessions of the supreme court. He 
is also entitled to certain fees for services rendered in accor- 
dance with the provisions of chapters on insurance in the 
Code of Iowa. 

Adjutant-General. — The adjutant-general is an offi- 
cer appointed by the governor to act as inspector and pay- 
master-general of the militia. His rank is, major-general. 
On or before the first Monday of January of the year fol- 
lowing the one in which the census of the state is taken, he 
reports to the adjutant-general of the United States the 
whole number of persons in the state subject to military 
duty. He issues all orders of the governor relating to 
military law, and causes them to be published, from time 
to time, as it becomes necessary. He keeps a roll of all- 
commissioned officers of the militia, with their residence 
and rank, and such other information as may be necessary 
concerning them. His salary is fifteen hundred dollars a 
year. 

State Printer. — The state printer is elected by the 
general assembly in joint convention for a term of two years. 
His office is at the seat of government, and it is his duty to 
print the journals of both houses of the general assembly, 
and the laws enacted by that body, as well as all forms, 
blanks, and other incidental matter required by the different 
state officers. His work must be promptly done in a work- 
manlike manner, and for it, he receives oo-mpensatrion fixed 



lo4 IOWA AND THE NATION. 

by law, the amount of which depends upon the work done. 
His bond is not less than five thousand dollars, and must be 
signed by at least three sureties. His term of office begins 
on the first day of January of the year next following his 
election. 

State Binder. — This officer is elected in the same 
manner as the state printer, and enters upon the discharge 
of his duties at the same time. His duty is to bind the 
laws, journals, and such incidental printed matter as may 
be required for the use of the state. The work must be 
done in a neat and workmanlike manner, and to secure this, 
he is required to furnish a bond of not less than two thous- 
and dollars. His salary depends upon the amount of work 
done, the prices of the different kinds of work being fixed 
by law. 

Railroad Commissioners.— For many years, the rail- 
road commissioners of the state were appointed by the gov- 
ernor, subject to approval by the executive council, but in 
1888, the law was changed so as to provide for the election 
of one railroad commissioner at each general election for a 
term of three years. At least one of the three members of 
this board must be a civil engineer, and no person having a 
pecuniary interest in any railroad is eligible to the office of 
railroad commissioner. 

Powers. — These commissioners have the general su- 
pervision of *all railroads operated by steam in the state, 
and it is their duty to see that the laws governing railroad 
companies and employes are strictly complied with. The 
books of any railroad company, at any station or office, are 
open to inspection by this board, and any officer or agent 
may be examined under oath. 



IOWA AND THE NATION. 133 

On or before the first day of December of each year, 
they report to the governor the work clone by them during 
the past year, and make such recommendations in relation 
to their duties as they may think necessary. 

Salary. — Each commissioner receives an annual sal- 
ary of three thousand dollars, and the clerk, fifteen hundred 
dollars. To secure the faithful performance of his duties. 
each commissioner is required to give bonds to the amount 
of ten thousand dollars. Members of the board and the 
clerk are sworn to perform the duties devolving upon them 
to the best of their ability. 

State Librarian. — The state librarian is appointed by 
the governor, and he is required to give his personal atten- 
tion to the care of the state library during the time it is 
kept open. He is also required to keep a complete alpha- 
betical catalogue of all books belonging to the library. 
He reports to the governor, at stated times, the number and 
title of all books in the library, the amount of all fines and 
forfeitures received, and such other information as may be 
required by law. 

Bond, Etc. — His bond is fixed at five thousand dol- 
lars, and his salary at twelve hundred dollars a year. He 
may appoint a first assistant at a salary of six hundred 
dollars, a second assistant at five hundred dollars, and a 
messenger at three hundred dollars a year. 

Qualification of Officers. — No civil officer can enter 
upon the discharge of his duties until he has qualified by 
taking an oath of office according to law. The governor 
and lieutenant-governor are required to take the official 
oath in the presence of the general assembly in joint con- 
vention. The oath is administered to them by a judge of 



136 IOWA AND THE NATION. 

the supreme court. Members of the general assembly qual- 
ify by taking the oath prescribed for them in the third arti- 
cle of the constitution. 

Oath. — In addition to the obligation to support the 
constitution of the United States and that of the state of 
Iowa, judges of the supreme and district courts must sub- 
scribe to an oath in writing, that they will administer jus- 
tice to rich and poor alike, w.thout fear, favor, affection, or 
hope of reward. The officers above mentioned, together 
with county supervisors and township trustees, are not re- 
quired to give bonds. 

Sureties. — All other civil officers are required to give 
sureties in double the amount to be secured. For example, 
if the bond is fixed at one thousand dollars, the signers 
must have property valued at two thousand dollars above 
all indebtedness. The amount of the bond required differs 
according to the responsibility of the office and the amount 
of money to be handled. The bond of the state treasurer 
cannot be less than three hundred thousand dollars, and is 
the heaviest one required. 

Bonds Approved. — Bonds of state officers are fixed 
by law and approved by the governor, those of the county 
officers by the county supervisors. The township clerk 
approves the bonds of all township officers except his own 
and those of justices of the peace and constables. All 
officers are required to qualify before a stated time, 
usually the first Monday in January following their elec- 
tion, and a refusal to qualify within the time prescribed is 
considered a refusal to serve. 

Reports. — Chapter 175, Laws of the Nineteenth Gen- 
eral Assembly, requires a number of the state officers and 




Library No. 3, State Capitol. 



IOWA AND THE NATION. I'm 

trustees of the various state institutions, except the Agri- 
cultural College, to report to the governor, on or before the 
fifteenth day-of August, in each odd-numbered year, the 
condition of their respective offices and of the institutions 
under their contro 1 . 



138 IOWA AND THE NATION. 



CHAPTER XV III. 

Commissioners and Societies. 

In addition to the officers whose duties have already 
been discussed, there are several important commissions, 
societies, and boards authorized by law. The most import- 
ant of these will now be considered briefly. 

State Agricultural Society.— The state agricul- 
tural society was organized for the purpose of stimulating 
an interest in improved methods of farming and stock rais- 
ing. There are one hundred and four local societies in Iowa, 
and delegates from these local organizations are chosen an- 
nually to attend a meeting of the state society for the purpose 
of choosing a president, vice-president, secretary, and treas- 
urer, for one year, and a board of five directors to serve for 
two years, and for the transaction of other business in which 
the society may be interested. A state fair is held an- 
nually at DesMoines under the direction of this society, and 
the best products of the farm are there exhibited. Premi- 
ums fof the best exhibits of all kinds are paid, aggregating 
twenty- five thousand dollars a year. 

Dental Examiners. — The members of this board are 
five in number, one being appointed each year by the gov- 
ernor of the state, for a term of five years. All dentists 
doing business in the state are required to register with the 
board, and all persons commencing the practice of dentistry 
must possess a diploma from some reputable college of den- 



IOWA AND THE NATTOX. lo9 

tistiy. or pass a satisfactory examination before this board 
and receive a license to practice in the state. 

Board of Health. — The establishment of the board of 
health was for the purpose of making such regulations and 
investigations as it may from time to time deem neces- 
sary for the improvement or preservation of the public 
health. Valuable information designed to aid in preventing 
the spread of contagious diseases has been furnished in 
times past in the circulars and pamphlets sent out by this 
board, and as its work becomes better known, much good 
will result to the people. 

How Composed. — The board is composed of nine 
members appointed by the governor, with the consent of 
the executive council, and must consist of the attorney gen- 
eral of the state, one civil engineer, and seven physicians. 
The term of office is seven years, and it is so arranged that 
the term of one of the physicians expires on the thirty-first 
day of January of each year. The board elects a president 
from its own membership. A secretary is also chosen at a 
salary of twelve hundred dollars a year. The regular 
members of the board are paid their actual expenses 
while serving in their official capacity, but they receive 
no salary. 

Commissioners of Pharmacy. — The governor, with 

the approval of the executive council, appoints each year 
one of three commissioners of pharmacy, to serve for three 
years. The members of the board are selected from the 
most competent pharmacists in the state, and no person is 
eligible to membership unless he has been a resident of the 
state for five years, and been a practicing pharmacist for 
the same length of time. 



143 IOWA AND THE NATION. 

Duties. — The special work of this board is to see that 
none but thoroughly competent persons are permitted to sell 
drugs and fill prescriptions of medicine. To accomplish 
this, all persons who desire to engage in the business of 
selling drugs or dispensing medicines within the state, must 
first obtain a certificate from the commissioners of pharmacy 
authorizing them as qualified persons to conduct such 
business. The examinations conducted b} T this board are 
very strict. The compensation consists of fees charged 
applicants for certificates, and it is carefully regulated by 
law. 

Educational Board of Examiners.— The educa- 
tional board of examiners is composed of the state superin- 
tendent of public instruction, the president of the state 
university, the president of the state normal school, and two 
other persons, appointed by the executive council for the 
period of four years. One of the persons appointed must 
be a woman, and no person is eligible to re-appointment. 
The superintendent of public instruction is, ex-ojficio, presi- 
dent of the board. 

Examinations. — Frequent examinations are conduct- 
ed for the benefit of those teachers who desire to obtain 
state certificates or state diplomas. Certificates issued by 
county superintendents are valid only in the counties in which 
they are issued. A state certificate issued by the board of ex- 
aminers authorizes the person to whom it is issued to teach in 
any public school in the state for a term of five years, and 
a state diploma is valid during the life of the one to whom 
it is granted. The fee charged for examination for a state 
certificate is three dollars; that for a life diploma, five dol- 
lars. The members of the board appointed receive three 
dollars a day and expenses, during the time they are actually 



IOWA AND THE NATION. 141 

employed in the discharge of their duties. All other mem- 
bers are allowed their actual expenses. 

Historical Society. — This society was organized for 
the purpose of collecting and preserving everything of a his- 
torical nature, in connection with the state of Iowa. Books, 
pamphlets, maps, charts, manuscripts, and other material of a 
like character bearing upon the history, progress, and present 
condition of the state, are obtained from all sources possi- 
ble, and arranged in suitable form for preservation. The 
collection made thus far is in the possession of the state 
university. The officers of the society consist of eighteen 
curators, nine being appointed by the governor in June of 
each even-numbered year, and nine chosen by the society 
from its own membership in June of each odd-numbered 
year. No officer or member of the society receives any 
compensation from the state for his services. 

Horticultural Society. — The object of this society 
is to promote an interest in horticulture. It works in con- 
nection with the state agricultural society, and, owing to 
its efforts, an increased interest is shown in the raising of 
the various products of the garden. The sum of twenty- 
five hundred dollars a year is appropriated out of the state 
treasury for the benefit of this society. 

Bureau of Labor Statistics.— The principal work 
of this bureau is performed by an officer called the commis- 
sioner of labor statistics. It is his duty to collect and ar- 
range statistics designed to show the exact commercial, 
social, educational, and sanitary condition of the laboring 
classes of the state, and the changes that are being made in 
the condition of these classes, for better or worse. He is 
charged with the collection of information concerning the 
agricultural, manufacturing, and mining interests of the 



142 IOWA AND THE NATION. 

state. It is also his duty to correspond with persons likely 
to be interested in the development of any of Iowa's resources, 
and to furnish such persons with any information they 
may desire concerning the products of the state. A biennial 
report of the work done by this bureau is required by law. 
The commissioner is appointed by the governor for a 
term of two years, commencing on the first day of April 
in each even-numbered year. The salary is fifteen hundred 
dollars a year, with an allowance for the necessary postage, 
stationery, and expenses of the office. 

Custodian of Public Property.— To this officer is 
entrusted the care of the capitol building and grounds. He 
is appointed by the governor, and his salary- is fixed at 
fifteen hundred dollars a year. 

Dairy Commissioner. — The state dairy commis- 
sioner is appointed by the governor for the term of two 
years, commencing on the first day of May of each even- 
numbered year. His salary is fixed at fifteen hundred dol- 
lars a year and actual expenses, and his bond at ten thous- 
and dollars. The office was established to aid in abolishing 
the manufacture and sale of imitations of dairy products, or 
at least to compel manufacturers and dealers in the spuri- 
ous articles to label them properly, and sell them as imita- 
tions under the names by which they are commonly known. 
The commissioner must be a person who has had practical 
experience in the manufacture of dairy products. He is 
furnished an office at DesMoines, and to enable him to per- 
form all the duties required of him, an appropriation of 
twenty thousand dollars, or so much thereof as may be nec- 
essary, is made biennially. 

Inspector of Illuminating' Oils.— The governor, 
with the advice and consent of the senate, appoints a state 



IOWA AND THE NATION. 14:J 

inspector of illuminating oils, biennially. The term of of- 
fice begins on the first day of April of each even- numbered 
year. It is the duty of this officer to test all the illuminat- 
ing oils made from petroleum, and designed to be sold for 
use in this state. All oils that are not properly refined, and 
those that for any cause will emit a combustible vapor at a 
lower temperature than one hundred and five degrees Fah- 
renheit are rejected by the inspector, and severe penalties 
are provided for the punishment of any person who may be 
guilty of selling, or offering for sale, any oil so rejected. 

Duties, Etc. — Every barrel or cask inspected is prop- 
erly labeled or branded and the inspector's name signed. 
The number of degrees at which combustible vapor is gen- 
erated is also recorded on the barrel or cask. The salary is 
two thousand dollars a year and actual expenses. The sal- 
ary of each deputy consists of fees, and can not exceed one 
hundred dollars a month. The inspector may appoint as 
many deputies as may be necessary to enable him to per- 
form the duties of his office. The bond of the inspector is 
fixed at twenty thousand dollars, and that of each deputy at 
five thousand dollars. 

Fish Commissioner.— For the purpose of keeping 
the rivers and lakes of Iowa stocked with fish, provision 
has been made for a fish hatching house, at Spirit Lake, 
owned by the state, and from which small fish in vast numbers 
are distributed annually. The fish commissioner has charge 
of this hatching house, and also of the erection of fish 
ways, by means of which fish may pass up. down, or through 
the water courses of any of the rivers and lakes of Iowa. 
It is also his duty to see that the law to prevent the catch- 
ing of fish at certain seasons of the year is complied with. 
His salary is twelve hundred dollars a year. 



144 



IOWA AND THE NATION. 



OUTLINE FOR REVIEW OF STATE OFFICERS. 



OFFICERS. 


<D 

to S 

a; o 


CO 

O 

o 

o 


When 
Chosen. 


B 


oa 


o 


1 


Governor 
















Lieut. -Governor 
















Secretary 
















Auditor 
















Treasurer 
















Executive Council .... 
















Supt. Pub. Instruction 
Atty -General 






























Adjutant-General .... 
















R. R. Commissioners . 
















State Printer 
















State Binder 
















Librarian 
















Mine Inspectors 
















Fish Commissioner. . . 
















Dairy Commissioner. . 
















Com. of Immigration . 
















Cust'nof Pub. Prop'ty 
Inspector of Oils 















































IOWA AND THE NATION. 145 

CHAPTER XIX. 

JUDICIAL DEPARTMENT. 

Article V. 

Courts. — The judicial department consists of the 
supreme and district courts, both of which are author- 
ized by the constitution. Several inferior courts rfave 
been established by law, and a discussion of these will be 
found elsewhere. The supreme court at first consisted of 
three members, but the number has since been increased to 
six, four of whom constitute a quorum to hold court. 

Supreme Court. — The term of office of judges of the 
supreme court is six years, and hereafter one judge will be 
chosen at the general election each year. The six judges 
join in the open session of the court, and in all other court 
duties, but in the preliminary examination of cases sub- 
mitted to them, they are separated into two sections of three 
each. No case is decided by this court until it has been 
considered by the entire court and a decision agreed upon 
by at least four members. The salary of each judge of the 
supreme court is four thousand dollars a year. 

Meeting's. — The meetings of the supreme court are 
held at the capital in a room known as the supreme 
court room. Three sessions of the court are held each year, 
the first commencing on the third Tuesday in January, the 
second, on the second Tuesday in May, and the third, on the 
first Tuesday in October. During the time the court is not 
in session, the members are engaged in examining the evi- 
dence in cases that have been appealed from lower courts. 
10 



146 IOWA AND THE NATION. 

Powers. — The supreme court has the sole power of 
determining whether any law passed by the general assem- 
bly is constitutional or not. If any provision of the con- 
stitution of the state is violated by the terms of a law, that 
law is unconstitutional, and when so declared by the su- 
preme court, it is no longer considered a law of the state. 

This court also decides whether, or not, certain cases 
appealed to it have been properly tried in the lower court. 
If a majority of the members of the supreme court vote in 
favor of sustaining the decision made by the district court. 
the decision is said to be affirmed. If. however, the ma- 
jority vote against the decision of the lower court, the de- 
cision is reversed. 

Chief Justice. — The judge having the shortest term 
to serve acts as chief justice. From this it will be seen 
that each member of the supreme court is chief justice din- 
ing the last year of his term. Judges of this court are in- 
eligible to any other office in this state during the term for 
which they have been elected. 

The supreme court is a tribunal for the interpretation 
of law and the correction of errors made by judges of the 
lower courts. It has appellate jurisdiction in cases of chan- 
cery only. In addition to the above-mentioned powers, 
this court has the general supervision of all the lower 
courts. 

Clerk and Reporter. — The clerk of the supreme 
court has charge of all decisions made by the court. His 
duties are such as are indicated by his title. He is placed 
under bonds to the amount of not less than ten thousand 
dollars, and for his services he receives twenty-two hun- 
dred dollars per year. He is allowed to appoint a deputy, 
who is paid fifteen hundred dollars per year. The next 



IOWA AND THE NATION. 147 

election of clerk and reporter of the supreme court occurs 
in the year 1898. ' Their term of office is four years. 

The supreme court reporter has charge of publishing 
the decisions of the court in reports of from seven hundred 
fifty to eight hundred pages each. These reports are copy- 
righted in the name of the state, and the reporter is forbid- 
den to have any pecuniary interest in them. Salary, two 
thousand dollars per year, payable quarterly. 

District Court. — The district court now has general 
original jurisdiction in all suits at law, both civil and crim- 
inal, except those in which exclusive or concurrent jurisdic- 
tion is given to some other court specially authorized by 
the constitution and laws of the state. It is also a court 
of equity. As a court of probate, it has exclusive original 
jurisdiction in the proving of wills, and in the appointments 
of administrators, guardians, and trustees to settle the 
estates of persons deceased. This court also serves as a 
court of appeals in certain proceedings from justice and 
police courts. 

District Judges. — Iowa is separated into nineteen 
judicial districts, and there are in all fifty district judges. 
Each district has from one to four judges, according to the 
amount of business to be transacted. The compensation 
of each district judge is twenty-five hundred dollars a year, 
which is paid in monthly installments out of the state treas- 
ury. The term of office is four years, beginning on the 
first of January following the election. Judges are chosen 
at the general election by the qualified voters of the district 
in which they reside. A list of the judicial districts will be 
found at the close of Part I. of this volume. 



148 IOWA AND THE NATION. 



CHAPTER XX. 

JUDICIAL DEPARTMENT.— Continued. 

District Court Powers. — In addition to the regular 
judicial business of this court, it has the general supervi- 
sion of all inferior courts, and provides for the correction of 
abuses, in case no special remedy is fixed by law. It also 
has exclusive jurisdiction over all indictments presented by 
the grand jury. 

Indictment. — An indictment is a written accusation 
presented to the court in which the grand jury is impaneled, 
charging the person named therein with the violation of the 
criminal law, or with the commission of some act which is 
punishable on indictment. Such an accusation can be made 
only upon the sworn statement of witnesses examined by 
the grand jury, or by evidence furnished by certain legal 
documents, as provided by law. 

Jurors. — All qualified electors of the state, of good 
moral character, sound judgment, and in full possession of 
the senses of hearing and seeing, and who can speak, read, 
and write the English language, are competent jurors in 
their respective counties. There are certain exceptions, 
however. All persons holding office under the laws of the 
United States, or of this state, all practicing attorneys, 
physicians, and clergymen, all practicing professors or 
teachers in any institution of learning, registered pharma- 
cists, and all persons disabled by bodily infirmity, or over 



IOWA AND THE NATION. 149 

sixty-five years of age, are exempt from liability to act as 
jurors. Any person summoned as a juror may be excused 
from serving for good cause shown. 

Grand Jury. — The grand jury of any county serves 
as an investigator of crimes committed in that county. It 
has no power to try criminals and fix the punishment for 
crimes committed. Real or alleged violations of the crimi- 
nal laws of the state are reported to the grand jury, and if 
the evidence against any person is such as to indicate that 
he has committed a crime, the grand jury prefers an indict- 
ment against him. He is then arrested, if possible, and 
held for trial before the petit jury. 

Number Of Jurors. — In counties having a popula- 
tion of sixteen thousand, or less, the grand jury consists 
of five persons. In all other counties, there are seven mem- 
bers of the grand jury. It is further provided that when 
the grand jury consists of five members, eight shall be 
drawn, and when composed of seven members, twelve 
shall be chosen. This is to provide jurymen enough in 
case some are unable to attend on account of sickness, or 
for any other good reason are excused. 

Petit Jury. — In counties having a population of fif- 
teen thousand, or less, the number of petit jurors drawn is 
fifteen, unless the judge otherwise directs. In counties 
having a greater population, the number of petit jurors is 
twenty-four. Twelve of these are selected as a trial jmy, 
unless objections are raised against them by one or both 
parties to the suit. A trial jury always consists of twelve 
members in the district court, and provision is made for in- 
creasing the number of persons from whom the jurors may 
be selected, if necessary. 



150 IOWA AND THE NATION. 

Selection Of Jurors. — The method of selecting grand 
and petit jurors is practically the same. Every third year 
the assessor of each township is required to prepare a list 
of the names of all persons in the township who are not 
exempt from jury service. One copy of this list is filed with 
the township clerk, and another with the county auditor. 

The county auditor, clerk of the district court, and 
county recorder are entrusted with the care of selecting 
jurors. They are authorized to strike from the list of 
jurors returned the names of any who are by law exempt. 
A complete list of the names of all persons subject to 
jury service is made by these officers, and the names and 
addresses of all persons on the list are written on separate 
ballots. These ballots are all put into a box, sealed, and 
delivered to the clerk of the district court, except that in 
arranging the list of jurors from the city or town in which 
the court is held, every alternate ballot is put into a differ- 
ent box from the one containing the regular list. 

Talesmen. — This second box is called the talesman 
box, and in case it becomes necessary to go outside the 
regular list of jurors chosen for any term of court, selec- 
tions are made from this box. The drawing of jurors is in- 
tended to be entirely impartial, and as names are drawn 
from either of the boxes referred to, they are put away for 
safe keeping, and not returned to the original boxes until all 
the other ballots have been drawn out. This prevents a 
person from being chosen for jury service too frequently. 
The sheriff summons the persons whose names have been 
drawn, and they must appear for duty at the next term of 
court unless excused by the judge. 

Compensation. — At the close of each term of court, 
the clerk of the court issues a certificate to each juror, 



IOWA AND THE NATION. 151 

showing the amount to which he is entitled for his services, 
and the auditor-, upon the receipt of this certificate, is 
authorized to issue a warrant upon the county treasurer, 
without waiting for the board of supervisors to audit the 
claim. The compensation of grand and petit jurors is two 
dollars a day, for the time actually employed, and ten 
cents a mile for the necessary distance traveled in going 
to the place of meeting. Witnesses are paid one dollar 
and twenty-five cents a day, and the same mileage as jurors, 
for attendance upon sessions of the district court. 

Testimony. — The testimony given by witnesses in 
district courts is usually taken in short-hand by reporters 
appointed for that purpose. Each reporter is allowed com- 
pensation not to exceed six dollars a day for the time 
actually spent in attendance upon court. He is also allowed 
six cents for every one hundred words used in making 
transcripts of the testimony taken in court. 

Superior Courts. — Cities having a population of 
seven thousand and upwards may establish courts, known 
as superior courts. These courts have in general the same 
jurisdiction as the district courts of the state, but they are 
limited to the cities in which they are established. Superior 
courts have not been popular, and Cedar Rapids, Keokuk, 
and Council Bluffs are the only cities that now maintain 
them. 



152 IOWA AND THE NATION. 



CHAPTER XXL 

MISCELLANEOUS. 

Article VI. — Militia. 

Iowa National Guards. — All able-bodied male cit- 
izens of the state, between the ages of eighteen and forty- 
five years, except such as have served in the United States 
service and been honorably discharged, compose the militia. 
The general assembly has at different times passed such 
laws for arming, equipping, and training the militia, as 
have been necessary to comply with the regulations adopted 
by congress. At present, an annual appropriation of twenty 
thousand dollars is made to cover these and other expenses. 
All commissioned officers are elected by those subject to 
military duty, and commissioned by the governor. 

Organization. — The governor is commander-in-chief 
of the militia, and may call it ou f at any time when the 
public safety requires it e His powers are limited to this 
state only, and he cannot send a member out of the state 
against his will. Practically, the militia is unorganized, 
only a small portion being trained and equipped for duty. 
There are but two brigades of volunteers, numbering in 
all about twenty-three hundred men, known as the ■ 'Iowa 
National Guards." 

Article VII. — State Debts. 

Prohibition. — This article provides that the credit of 
the state cannot, in any manner, be given, or loaned, to any 



IOWA AND TIIK NATION. 153 

individual, association, or corporation, and the debts of 
individuals, associations, or corporations, cannot be assumed 
by the state, unless they were incurred for the benefit of 
the state in time of war. 

Limit Of Debt. — The state may contract debts not to 
exceed two hundred and fifty thousand dollars to supply 
deficits in revenue, or to meet expenses not otherwise pro- 
vided for. Money borrowed on the credit of the state must 
be used for no other purpose than that for which it was 
obtained. 

Losses. — All losses to the permanent school or 
university fund which have been caused by defalcation 
or mismanagement, are audited by the proper authorities 
and form a permanent funded debt against the state 
for the benefit of the fund that has sustained the loss. 
Indebtedness created in this way does not form a part 
of that to which reference is made in the preceding 
paragraph. 

War. — The state may also contract debts for its defense 
in time of war, insurrection, or invasion. During the late 
civil war, debts to the amount of three hundred and fifty 
thousand dollars were contracted in accordance with section 
four of this article, but they have all been paid, and the 
state is now practically out of debt. 

Special Debts. — Certain other debts may be author- 
ized by special act of the general assembly, but no law of 
this kind can take effect until it has been ratified by a 
majority vote of the people at a general election. After such 
a law has been approved by the people, the general assem- 
bly may repeal it, provided no debt has been created in 
the meantime, for the purpose for which the law was passed. 



154 IOWA AND THE NATION. 

Every law that imposes, continues, or revives a tax must 
state the object to which the tax is to be applied. 

Article VIII. — Corporations. 

Restrictions. — A corporation is an association of per- 
sons for the transaction of business under one firm name, or 
as a single person. Such associations are usually governed 
by a charter, the provisions of which define their powers and 
limit their responsibilities. This section provides that no 
corporation can be formed by special law, but the general 
assembly may, by general enactment, provide for the 
organization of various corporations. The state cannot be- 
come a stockholder in any organization of this character, 
and no liabilities can be assumed by the stale, unless they 
were contracted in time of war. The property of all cor- 
porations for pecuniary use is subject to taxation the same 
as that of private citizens. 

Banking". — It is expressly provided that no political 
or municipal corporation can in any w r ay become a stock- 
holder in any banking corporation, and no association of 
persons with banking powers can be formed until the law 
authorizing its establishment has been ratified by a majority 
vote of the people at an election held at least three months 
after its enactment. The remainder of the section is de- 
voted to the discussion of certain provisions relating to 
banks and banking corporations. 

Article IX. — Education. 

Article Partly Abolished. — This article of the con- 
stitution provided that the board of education established 
by it might be abolished by act of the general assembly at 
any time after the year 1863. Such an act was passed the 
very next year, and the first part of this article has been of 



TOWA AND THE NATION. 155 

no effect since that time. The state departmen of edu- 
cation, under the direction of the superintendent of public 
instruction, has taken the place of the board of education. 
Several attempts have- been made to revive this article of 
the constitution, but without success. 

School Funds and School Lands.— The second 
division of this article places the school funds and school 
lands under the control of the general assembly. The pro- 
ceeds arising from the rent or sale of the university lands 
constitute a fund for the use of the state university, and the 
interest arising from this fund is annually appropriated for 
the support and benefit of that institution. A history of 
the university will be found in the chapter entitled "State 
Institutions." 

School Fund. — By section three, very liberal appro- 
priations are made for the benefit of the common schools. 
The general assembly is instructed to encourage, by all suit- 
able means, the promotion of intellectual, scientific, moral, 
and agricultural improvement. The different sources from 
which the permanent school fund is derived, have been 
mentioned in another part of this volume. The money paid 
by persons for exemption from military duty, and the net 
proceeds of all fines collected in the several counties for 
any violation of the penal laws of the state, are applied for 
the benefit of the common schools in the counties in which 
the money is collected. All fines and forfeitures of this 
kind are distributed among the different school districts 
according to the number of persons of school age, to be used 
for the support of the schools, or the establishment of 
libraries. 

The financial agents of all school funds are the same as 
those authorized by law to receive and control the revenue 



156 IOWA AND THE NATION. 

of the state and of the different counties. The distribution 
of all money, except what is raised by direct tax, for the 
support of the common schools is made in proportion to the 
number of persons between the ages of five and twenty-one 
years. 



IOWA AND THE NATION. 157 



CHAPTER XXII 
ARTICLE X.— Amendments. 

Manner of Amending*. — It is evident that no consti- 
tution can be prepared to meet the wants of all future times 
and generations. The best governments on earth are imper- 
fect, and require alterations from time to time. All con- 
stitutions provide for their own amendment, but the pro- 
cess differs in different states. The process of amending 
the constitution of this state is quite lengthy, but it insures 
the people against hasty action. An amendment may be 
proposed in either house of the general assembly, and, if a 
majority of all the members of each house favor it, it is 
entered upon both journals with the yeas and nays, and re- 
ferred to the next general assembly at its regular session. 
The amendment, as adopted by the first general assembly 
to which it was submitted, is published in the papers desig- 
nated by law, for three months previous to the election of 
members of the next general assembly. If ratified by a 
majority of the second general assembly, the proposition 
is then referred to the electors of the state, and if a majority 
of the votes cast are in favor of it, it becomes a part of the 
law of the state. 

Amendments Adopted. — The first amendment ex- 
tended the right of suffrage by striking the word l 'white" 
from articles two, three, and six of the constitution. The 
second, or prohibitory amendment, was ratified by the peo- 
ple at a special election on the 27th of June, 1882, but it 



158 IOWA AND THE NATION. 

was declared unconstitutional by the supreme court. In 
November, 1884, four amendments were ratified by the 
people. The first changed the time of holding all general 
elections to the Tuesday next after the first Monday in 
November. The second gave the general assembly power to 
change the organization of the state for district court pur- 
poses. The third provided for abolishing the grand jury, 
or changing the number of members of that body to not less 
than five, nor more than fifteen, according to the decision 
of the general assembly. The fourth amended section 
thirteen of article five of the constitution, so as to abolish 
the office of district attorney and provide for the election <>t 
a county attorney in each county. 

ARTICLE XI.— Miscellaneous. 

Justices of the Peace. — Section one provides that 
the jurisdiction of justices of the peace shall extend to all 
civil cases (except chancery cases and real estate titles), 
where the amount does not exceed one hundred dollars. By 
the consent of both parties, the jurisdiction may be extended 
to any amount not exceeding three hundred dollars. 

New Counties. — The second section declares that no 
new county, containing less than four hundred and thirty- 
two square miles, can be created. The territory of any 
organized county cannot be reduced below that size. Pro- 
vision is made for the organization of Worth and other 
counties lying to the west of it along the northern boundary 
of the state, without additional territory. An act of the 
general assembly passed in January, 1870, erected the 
county of Crocker from the northern three tiers of town- 
ships in Kossuth county, but the supreme court declared 
the act unconstitutional in December of the following year. 



Iowa and the nation. 169 

Limit Of Indebtedness. — Section three provides 
that no count}', or other political or municipal corporation, 
can become indebted in any manner, or for any purpose, to 
exceed the amount of five per cent, of the value of its tax- 
able property. The value of the property of the county or 
other corporation is determined by the last state and county 
tax-lists previous to the time the debt was incurred. 

Area. —The next section provides that the boundaries 
of the state may be enlarged, with the consent of congress 
and the general assembly. According to the latest surveys, 
the area of the state comprises fifty-six thousand and 
twenty-five square miles. There are ninety-nine counties, 
and all but twenty-seven of them have been organized since 
the state was admitted into the Union, as stated elsewhere. 

Oath of Office. — Section five is as follows: << Every 
person, elected or appointed to any office, shall, before 
entering upon the discharge of the duties thereof, take an 
oath or affirmation to support the constitution of the United 
States, and of this state, and also an oath of office." The 
form of the oath is given elsewhere. The sixth section pro- 
vides that persons elected to fill vacancies in office shall 
serve for the remainder of the unexpired term only, and all 
persons appointed to fill vacancies in office shall hold until 
the next general election, and until their successors are 
elected and qualified. 

Capital, etc. — The seventh section prohibits the gen- 
eral assembly from locating any of the public lands which 
have been, or may be granted by congress to this state, upon 
lands actually settled^ without the consent of the occupant. 
The last section establishes the seat of government perma- 
nent^ at Des Moines, in the county of Polk, and the State 
University at Iowa City, in Johnson county. 



160 IOWA AND THE NATION. 

ARTICLE XII —Schedule. 

Supreme Law. — The constitution is declared to be 
the supreme law of the state, and any law inconsistent with 
it shall be void. The general assembly was authorized to 
pass all laws necessary to carry the constitution into effect. 
All laws that were in force at the time the constitution was 
adopted, and not inconsistent with-it, were to remain in 
force until they expired or were repealed. 

All proceedings of any character pending in the courts 
at the time the constitution was adopted, were to be 
prosecuted to final judgment and execution, and all offenses, 
misdemeanors, and crimes that were committed before 
the adoption of the constitution were to be subject to 
indictment, trial, and punishment in the same manner as 
they would have been, if the constitution had not been 
adopted 

Fines and Forfeitures. — All fines, penalties, or for- 
feitures due, or to become due, to the state, or to any 
county, or to the school fund, were reserved to the fund for 
which they were intended, in the manner prescribed by law 
All bonds executed to the state, or to any officer in his offi- 
cial capacity, were to inure to the use of those to whom 
they were given. 

General Provisions. — Sections six to eleven inclu- 
sive, contain provisions for the election of officers under 
the new constitution, and for the continuance in office of those 
chosen prior to its adoption. Section twelve authorized 
the general assembly to divide the state into eleven judicial 
districts, for district court purposes, and also to provide 
for the apportionment of members of the general assembly 
in accordance with the provisions of the new constitution , 



* ' ip 



l.\,.^ 






IOWA AND THB NATION*. 161 

Adoption of Constitution.— Section thirteen pre- 
scribes the plan to be pursued by the people in voting for 
or against the adoption of the new constitution. The last 
clause of the section is, "And if it shall appear that a ma- 
jority of all the votes cast at such election for and against 
this constitution are in favor of the same, the governor 
shall immediately issue his proclamation stating that fact. 
and such constitution shall be the constitution of the state 
of Iowa, and shall take effect from and after the publica- 
tion of said proclamation.*' 

The fourteenth section provides for submitting to the 
people at the same election that the constitution is submit- 
ted, a proposition to amend the same by striking out the 
word " white" from the article on the right of suffrage. 

The election was held August 3. 1^.")7. and a majoritv 
of the votes cast was found to be in favor of the adoption 
of the constitution. The proposed amendment was de- 
feated at this time, but. as stated in another place, it was 
adopted in 1868. The last section made the county of 
Mills a part of the sixth judicial district until otherwise 
directed by law. 



11 



162 IOWA AND THE NATION. 



CHAPTER XXIII. 
HISTORY OF IOWA. 

Discovery. — The discovery of Iowa was made by two 
Frenchmen, James Marquette and Louis Joliette, in 1673. 
Iowa is an Indian name which means ' 'The Beautiful Land,* 
and the state seems to have been properly named. France 
laid claim to the territory along the Mississippi river, on 
account of the so-called right of discovery, and, for ninety 
years, Iowa belonged to France. In 1763 the French king 
ceded his possessions in the Mississippi valley to Spain, but 
Napoleon compelled that nation to make a secret cession of 
this territory to him, in 1801. In 1803, the United States 
bought from Napoleon the tract of land known as the Louisi- 
ana Purchase, for fifteen million dollars. The tract con- 
tained about a million square miles, and the purchase price 
amounted to less than two and one-half cents per acre. 

Settlement. — In 1788, Julien Dubuque obtained per- 
mission from three chiefs of the Sacs and Foxes to dig for 
lead ore on the west bank of the Mississippi. The same 
year, he staked out a claim containing nearly two hundred 
square miles, and opened several mines which he con- 
tinued to work for more than twenty years. Dubuque, 
with his ten associates, formed the first settlement made b} r 
the whites in Iowa, and the city and county of Dubuque 
were named in his honor. Other Frenchmen settled along 
the Mississippi north of Dubuque, about the beginning of 
the present century, but the settlements were very feeble. 



Iowa and the nation. 163 

History Of Territory. — In 1804, the Louisiana Pur- 
chase was divided by the thirty-third parallel of north lati- 
tude, the southern part to be known as the territory of Orleans, 
the northern part, as the district of Louisiana. The dis- 
trict of Louisiana, embracing the present states of Arkansas, 
Missouri, Iowa, and Minnesota, and the unexplored regions 
westward to the Rocky Mountains, was attached to Indiana, 
with William Henry Harrison for first governor. Eight 
years later, Iowa was organized as a part of the territory of 
Missouri. In 1821, when Missouri was admitted into the 
Union as a state, Iowa was left out in the cold, politically. 
and no provision was made for the remainder of the Louisi- 
ana Purchase until 1834, when it became a part of the ter- 
ritory of Michigan. This connection lasted but a short 
time, however, for two years later. Iowa became a part of 
the territory of Wisconsin, then formed. 

Iowa Territory. — In 1838, that part of the territory 
of Wisconsin lying west of the Mississippi was organized 
as the territory of Iowa, and Robert Lucas, of Ohio, was 
appointed first governor. Under his direction, the first 
census was taken, members of the legislature were chosen, 
and civil government in Iowa was begun. The act of con- 
gress that provided for the organization of this territory 
gave the governor full power to veto any and all acts of 
the legislature. 

Constitutional Convention.— In 1840, and again 
in 1842, attempts were made to call a convention to draft a 
state constitution, but without success In 1844, however, 
a convention called for this purpose, met in Iowa City, and 
drafted a constitution, which prescribed boundaries differ- 
ing very much from the present boundaries of Iowa. Within 
these limits was included a large part of what is now Minne- 



164 IOWA AND THE NATION; 

sota, as well as all of Iowa, except a smali portion of the 
northwestern part of the state, embracing the counties of 
Lyon, Osceola, and Sioux, and parts of three or four ad- 
joining counties. 

Admission Into the Union. — These boundaries 
proved to be unsatisfactory to congress, and new ones were 
proposed by that body. The meridian of 17° 30' west from 
Washington was to be the western boundary, and the north- 
ern boundary was changed so as to limit the state in that 
direction also. In April, 1845, this constitution, owing to 
the dissatisfaction with regard to boundaries, was rejected 
by the people. After another unsuccessful attempt in the 
following year, a constitution with the present boundaries, 
which had been proposed by congress, was adopted August 
3, 1846, and December 28, of the same year, Iowa, the 
twenty-ninth state, was admitted into the Union. 

Early Settlers. — Reference has already been made 
to the early settlements in Iowa. The permanent settle- 
ment of the state did not begin until after the close of the 
Black Hawk war, in 1832. In June of the next year, peo- 
ple from Illinois, Wisconsin, and Michigan pushed across 
the Mississippi, and staked out claims at Fort Madison, 
Burlington, Davenport, and several other places along the 
river. 

A noted author, in speaking of these settlers, says: 
< 'The pioneers of Iowa, as a class, were a brave, hardy, in- 
telligent and enterprising people. Among those who have 
pioneered the civilization of the West, and been founders of 
great states, none have ranked higher in the scale of intel- 
ligence and moral worth than the pioneers of Iowa who came 
to the territory when it was still an Indian country, and 
through hardship, privation, and suffering, laid the founda- 



IOWA AM) THE NATION. 165 

tions of this great and prosperous commonwealth, which to- 
day dispenses her blessings to more than a million and a half 
of people. In all the professions, arts, industries, and enter- 
prises w T hich go to make up a great and prosperous people, 
Iowa has taken and holds a front rank among her sister 
states of the West.'' 

Indian Claims. — The territory obtained from the 
Indians by the Black Hawk Purchase extended along the 
Mississippi from the northern boundary of Missouri to the 
mouth of the Upper Iowa river. The strip averaged about 
fifty miles in width, and contained nearly six million acres, 
or about one-sixth of the present area of Iowa. 

Half-Breed Tract. — In a former treaty with the Sac 
and Fox Indians, a valuable tract of land, containing nearly 
one hundred and thirteen thousand acres, was reserved for 
the half-breeds of these tribes. This land was situated in 
what was afterwards the southern part of Lee county. The 
covetous eyes of land speculators were soon turned towards 
this reservation, and companies were formed for the pur- 
pose of purchasing the rights of the half-breeds to the soil. 
As might have been expected, conflicting claims arose, 
and several years were spent in litigation. At last, the 
supreme court appointed commissioners to settle the vex- 
ing question. These men divided the tract into one hun- 
dred and one shares, and the titles granted by them were 
afterwards declared valid by the courts. 

In 1842, the government made another treaty with the 
Sacs and Foxes, and by its terms gained possession of the 
remainder of the lands belonging to those tribes in Iowa. 
The Indians were to retain possession of the land till the 
first of May, 1843. This region had been thoroughly ex- 
plored by the whites, but the United States authorities had 



166 IOWA AND THE NATION. 

prevented any settlements from being made. As the time 
for the opening of the land to settlers drew near, hundreds 
of families encamped along the line, and by sundown of 
the first of May, over one thousand families had settled in 
this new territory. These settlers were simply squatters, 
for the lands occupied by them had never been surveyed, 
and still belonged to the general government. 

Land Sale. — Under the laws of the United States 
then in force, all lands subject to settlement were to be 
offered at public sale and sold to the highest responsible 
bidder. If the land could not be sold for want of bidders, 
actual settlers acquired the right to enter it at the minimum 
price of a dollar and a quarter per acre. Many old settlers 
of Iowa are now living upon the land which they occupied 
before the land sale, as it was called. 

Growth. — When Iowa was admitted into the Union, 
there were twenty-seven organized counties, but immigra- 
tion had been so rapid that many of the one hundred thou- 
sand settlers had founded homes for themselves, even be- 
fore the lands were surveyed or the counties organized. 

Capitals. — The first session of the legislature of the 
territory of Iowa convened at Burlington, in 1839. Nearly 
all of its meetings were held in the M. E. church of that 
place. In the early part of the session, three commission- 
ers were appointed to select a site for a permanent seat of 
government within the limits of Johnson county. The 
commissioners selected a section of land, caused it to be 
surveyed into town lots, and in accordance with an act of 
the legislature, named the place Iowa City. Work on the 
public buildings was begun at once, and on July 4, 1840, 
Gov. Lucas reported to the legislature that the foundation 
of the capitol was nearly completed. 



IOWA AND THE NATION. 167 

Monroe City. — At the first session of the state legis- 
lature, it was decided that Iowa City was too near the eastern 
boundary of the state for a permanent seat of government. 
It was accordingly determined to re-locate the capital at 
some point nearer the geographical center of the state. The 
commissioners appointed to select the new site chose five 
sections of land in the southwestern part of Jasper county, 
and called the town which they laid out. Monroe City. The 
public buildings at Iowa City were to be given to the State 
University, which had been established the year before. 

Des Moines. — But Monroe City did not thrive, and the 
legislature continued to meet at Iowa City. In 1855, an act 
was passed removing the capital to Des Moines, and, three 
years later, the legislature began its work at that place. In 
a few years the capitol building was found to be inadequate 
to the wants of the growing state, and, in 1870, the sum 
of one hundred and fifty thousand dollars was appropriated 
for a new building. Other appropriations amounting to 
more than two and one-half million dollars have since been 
made, and the new capitol is now completed. It is a mag- 
nificent building and the pride of the people of the entire 
state of Iowa. 



168 IOWA AND THE NATION. 



CHAPTER XXIV. 
STATE INSTITUTIONS. 

State University. — Iowa has been very liberal in es- 
tablishing the higher institutions of learning, and in pro- 
viding for the unfortunate o$ all classes. The state uni- 
versity is authorized by the constitution, and permanently 
located at Iowa City, in Johnson county. The other insti- 
tutions have been established by acts of the general assem- 
bly passed at different times in our history. 

Purpose. — The state university was established for the 
purpose of furnishing young men and women the best means 
of obtaining a liberal education. In order to foster higher 
education, congress, before Iowa was admitted into the 
Union, passed a law granting to new states two townships of 
land to aid in establishing a state university in each. When 
this land was sold, the money received became a permanent 
fund for the benefit of the university. This money is per- 
manently invested, and the interest on it is used for the 
support of the institution. 

Courses Of Study. — The university has five depart- 
ments — collegiate, law, medical, dental, and pharmaceutical. 
The collegiate department provides four courses of study — 
classical, philosophical, scientific, and engineering. A nor- 
mal course for the training of teachers is also supported. 
These courses are prepared with a view to meeting the wants 
of all who apply for admission as students, and who are 



IOWA AND THE NATION". 

qualified to carry on the work. There are about a thousand 

students in attendance. 

Board of Regents. — The university is governed by a 
board of regents, and it can never be under the exclusive 
control of any religious denomination. The board of regents 
consists of the governor of the state, who is president of the 
board, the superintendent of public instruction, and one 
member from each congressional district. The first two are 
members by virtue of the offices held by them, and the 
others are elected by the general assembly, in joint conven- 
tion, for six years, one-third, as nearly as possible, being 
chosen at each regular session. 

Agricultural College. — The agricultural college and 
farm were provided for by the general assembly in 1858 
Commissioners were soon afterwards appointed, and the site 
for the college was located at Ames, Story county. In 

1862, congress passed a law granting to each state thirty 
thousand acres for each senator and representative the state 
had in congress. According to the provisions of this law. 
the agricultural college of Iowa received two hundred and 
forty thousand acres. This land was sold in after years. 
and the interest on the money received from the sale of it is 
used for the benefit of the school. The law of congress 
requires that the buildings must be erected and kept in 
repair at the expense of the state. 

Purpose. — The purpose of the school is to furnish 
instruction in the branches of study relating to agriculture 
and the mechanic arts, without excluding other classical and 
scientific studies. The courses provide for the systematic 
study of agriculture and dairying, veterinary science, civil, 
mechanical, and electrical engineering, and a four years' 
course for ladies. The tuition is free to all inhabitants of 



170 IOWA AND THE NATION'. 

the state over sixteen years of age. The farm is an excellent 
one, and consists of nearly nine hundred acres of land 
specially suited to the needs of the school. An experiment 
station is maintained at the expense of the state. 

Board Of Trustees. — The management of the college 
is placed in the hands of a board of trustees of eleven 
members, one from each congressional district. The trustees 
are chosen by the general assembly in joint convention. 
They are divided into three classes as nearly equal as 
possible, and their term of office is six years. 

The State Normal School. — The state normal school 
was established by the general assembly in March, 1876, and 
the school was formally opened the following September. The 
buildings and grounds were the property of the state, they 
having been provided for the use of the soldiers' orphans' 
home some years before. The object of the school is to 
provide for the special instruction and training of teachers 
for the common schools of the state. 

Purpose. — The course of study embraces literature, 
mathematics, history, the elements of the sciences, and 
didactics. A preparatory department has recently been 
established. How to teach each branch of study pursued 
is made a prominent feature in all the work of the school. 
This institution is in a very flourishing condition, and its 
influence is being felt in raising the standard of educa- 
tional work in the state. There are now about seven 
hundred students in attendance. 

Courses Of Study. — Four courses of study are now 
provided. The scientific course of four years is designed 
to prepare students for life diplomas. The didactic course 
of three years includes all the branches upon which appli- 



IOWA AND THE NATION. 171 

cants are examined for state certificates. There are also 
special courses for college and high school graduates who 
desire to study the science and art of teaching. A con- 
tingent fee amounting to ten dollars a year is charged all 
students who intend to teach on leaving the school. There 
is no regular charge for tuition except to those who do not 
intend to teach. 

Board Of Directors. — The school is managed by a 
board of six directors, two being chosen at each regular 
session of the general assembly in joint convention, for a 
term of six years. The superintendent of public instruc- 
tion is, ex-officio, president of the board of directors. 

College for the Blind. — This college was opened 
for the reception of pupils at Iowa City, April 4, 1853. 
Five years later, the board of trustees met at Vinton, Ben- 
ton county, and, in accordance with law, began the erection 
of a suitable building in that place. In 1862, the building 
was so far completed, that the school, consisting of about 
forty pupils, was opened in it. The institution is under 
the management of a board of trustees six in number, three 
of whom are elected at each regular session of the general 
assembly for a term of four years. 

Admission. — All blind persons of suitable age, resi- 
dents of the state, may receive an education here free of 
charge, and residents of other states may be admitted upon 
the payment of their estimated expenses, quarterly in 
advance. No person from another state will be received 
to the exclusion of any resident of Iowa. 

Course Of Instruction. — The course of study in- 
cludes all the common branches and many others usually 
taught only in the best high schools. Music receives spe- 



172 IOWA AND THE NATION. 

cial attention, and musical instruments of all kinds have 
been provided for the instruction or amusement of the 
pupils. The girls are taught to sew, knit, crochet, weave, 
and to do many other useful things. The boys are taught 
to make brooms, weave carpets, and to do such other work 
as will enable them to be self-supporting. 

Industrial Home for the Blind.— In 1890 the gen- 
eral assembly provided for an industrial home for adult 
blind people of the state to enable them to earn their living. 
The home is located at Knoxville, Marion county. It is 
under the direction of a board of trustees consisting of six 
members, two being chosen at each session of the general 
assembly for a term of six years. 

Iowa School for the Deaf. — The institution for the 
deaf and dumb was established at Iowa City, in 1853, per- 
manently located at Council Bluffs, July 4, 1866, and re- 
moved to that place in 1871. Every deaf and dumb child 
in the state, of suitable age, is entitled to an education in 
this school, at the expense of the state. The instruction 
given is of a very practical nature, and the course of study 
embraces those branches that will be of the greatest benefit 
to the pupils. 

Board Of Trustees. — There are several work-shops 
connected with the institution, and its inmates are allowed 
to learn any of the trades represented. The trustees are 
elected by the general assembly, in joint convention, for 
six years, one at each regular session. The name of the 
institution was changed to "The Iowa School for the Deaf," 
in 1892. 

Soldiers' Orphans' Home.— To Mrs. Annie Witten- 
meyer belongs the credit of securing a home for the soldiers' 



IOWA AND THE NATION. 173 

orphans of Iowa. In October, 1863, a convention was 
called to meet at Muscatine for the purpose of devising some 
means for the support and education of these children. An 
association was formed and plans were perfected for solicit- 
ing contributions. A building at Lawrence, Van Buren 
county, was leased, and twenty -one orphans were admitted 
in July, 1864. The home was sustained by contributions 
until 1866, when the state assumed control of it. 

Trustees. — For a time, there was a soldiers' orphans' 
home at each of the following places: Cedar Falls, Black 
Hawk county, Glenwood, Mills county, and Davenport, Scott 
county. Only the one at Davenport has been retained, the 
building at Glenwood having been converted to the use of 
the Institution for the Feeble-Minded, and the one at Cedar 
Falls to the use of the State Normal School. There are 
three trustees, one being chosen at each session of the gen- 
eral assembly for a term of six years. 

Hospitals for the Insane. — The first hospital for the 
insane, in Iowa, was authorized by the general assembl}' in 
1855, but it was not ready for use until six years later. It 
is located at Mt. Pleasant, Henry county. The second hos- 
pital for the insane was located at Independence, Buchanan 
county, in 1868, the third, at Clarinda, Page county, in 1884, 
and the site for the fourth has been procured at Cherokee, 
Cherokee county. 

Board of Commissioners.— In each county, there is 

a board of commissioners of insanity consisting of the clerk 
of the district court, and two others, who are appointed 
by the judge of the district court, one of whom must be a 
practicing lawyer, and the other, a practicing physician. All 
applications for the admission of insane persons to the hos- 
pitals must be made to these commissioners. After the 



174 IOWA AND THE NATION. 

person supposed to be insane is examined in the manner 
prescribed by law, the commissioners decide whether he 
shall be sent to the hospital, or not. The board and other 
expenses of the insane, are paid from the receipts of a tax 
levied for this purpose, by the supervisors of the respective 
counties. 

Trustees. — Each hospital for the insane is managed 
by a board of trustees consisting of five members. Two 
of the trustees are chosen at one session of the general 
assembly, and three at the next session. The term of each 
is four years. 

Institution for Feeble-Minded Children.— In the 

words of the statute, < 'The purposes of this institution are 
to train, instruct, support, and care for feeble-minded 
children." It is located at Glenwood, Mills county. The 
management is in the hands of a superintendent, who is ap- 
pointed by the board of trustees. He gives bonds for the 
faithful performance of his duties, in such a sum, as the 
trustees may direct. Every resident of the state, between 
the ages of five and eighteen years, who, by reason of defi- 
cient intellect, is rendered unable to acquire an education 
in the common schools, is entitled to the advantages offered 
by this institution, free of charge. 

Management. — The term ^feeble-minded" is intended 
to include idiotic children, and a separate department is 
provided for those who cannot be benefited by educational 
training. Any inmate of the institution may be returned 
to the parent or guardian whenever the trustees may direct. 
The trustees are three in number, and they are chosen by 
the general assembly, one at each regular session for a term 
of six years. 



IOWA AND THE NATION. 175 

Iowa Industrial School.— The first school of this 
kind in Iowa was established in Lee county, in March, 1868, 
and in October of the same year, the first inmate was re- 
ceived. In 1873, the school was removed to Eldora, Hardin 
county, and some time after, 1880, a law was passed 
removing the girls to a separate school at Mitchellville, Polk 
county. 

Purpose. — These schools are intended for the reform- 
ation of such boys and girls under eighteen years of age as 
may be committed to them. Any person under sixteen 
years of age, who is found to be guilty of any crime except 
murder, may be sent to this school upon the order of the 
judge of the court in which he was convicted. 

Management. — Instruction is given in ethics, and in 
such of the common school branches as the trustees prescribe. 
Each pupil is required to perform a certain amount of labor, 
which is varied according to his age, strength, and special 
ability. With the consent of the parents or guardians, pupils 
may be bound out to service until the time of their majority. 
The trustees, in whose care the schools are placed, are elec- 
ted by the general assembly, in joint convention, for a term 
of six years, one-third, as nearly as possible, being chosen 
at each seesion. They are five in number, and both schools 
are under the control of the same board. 

Penitentiaries. — In addition to the institutions al- 
ready mentioned, the state has been obliged to make provi- 
sions for restraining criminals, and especially those guilty 
of felony. Public offenses are of two kinds, felonies and 
misdemeanors. A felony is a crime which is punishable by 
imprisonment in the penitentiary. All other crimes are mis- 
demeanors. The first steps towards establishing a peniten- 
tiary were taken by the territorial legislature, in 1839. 



176 IOWA AND THE NATION. 

Directors were appointed to superintendent the construction 
of the building which was to be located at Ft. Madison, 
Lee county. An additional penitentiary was established 
at Anamosa, Jones county, by the Fourteenth General 
Assembly. In May, 1873, twenty convicts were transferred 
from the penitentiary at Ft. Madison to the new one at 
Anamosa. 

The building at the latter place is of stone, and much 
of the work of quarrying, as well as building was done by 
the convicts themselves. The discipline is rigid, but hu- 
mane. The convicts learn various trades, the work being 
done within the penitentiary with machines and tools 
belonging to the state. The labor of the convicts at 
Ft. Madison is sold to contractors. The penitentiary at 
Anamosa is used by the United States as a government 
prison. 

All female convicts in the state are sentenced to the 
Anamosa penitentiary. This penitentiary also has a ward 
for insane convicts, and all convicts adjudged insane are 
sent there. Each prison has an excellent library, and 
careful attention is given to the selection of books. 

Government. — Each penitentiary is undertfou >e©ntrol 
of a warden, who is subject to the governor of the state. 
The wardens are elected by joint ballot of the general 
assembly, and hold their offices two years. They are 
responsible for the government and discipline of the inmates 
of the prisons, and the receipts and disbursements of all 
moneys belonging to the institutions. The warden of each 
penitentiary is obliged to give bonds to the amount of fifty 
thousand dollars, for the faithful performance of his duties. 
He is obliged to report, once a month a complete statement 
of all official acts performed by him, since his last report, 




*f 



1 / 4 




i|_l LL- '!..U ; *J2? 




i 




u 



IOWA AND THE NATION. 177 

with a full account of the receipts and expenditures of the 
prison under his control. The other officers are the deputy 
warden, the chaplain, the physician, and the guards. 

Good Time. — Every prisoner sentenced to either of 
the penitentiaries for a term of years, or less, who does not 
violate the rules of discipline, is entitled to a reduction of 
his term of service. The new good time law went into effect 
July 4, 1890, by the terms of which prisoners are entitled 
to a reduction of one month for good behavior during the 
first year of sentence, two months for the second year, three 
for the third, four for the fourth, five for the fifth, and six 
months for each subsequent year of sentence. A propor- 
tional reduction is made for fractional parts of a year's sen- 
tence, and any prisoner who does not violate the discipline 
of the prison during his term of service is entitled to a 
restoration of his rights of citizenship. This restoration is 
granted by the governor, upon the certificate of the warden, 
that the person released did not violate any of the rules of 
the prison during his term of service. 

Soldiers' Home. — The Twenty-first General Assem- 
bly provided for the establishment of a soldier's home, 
and a committee, appointed by Gov. Larrabee, located it at 
Marshalltown, Marshall county. The object of this insti- 
tution is to provide a home and subsistence for all honor- 
ably discharged soldiers, sailors, and marines who have 
served in the army or navy of the United States, and who 
are disabled by disease, wounds, or in any other way. Ap- 
plicants must have served in an Iowa regiment, or been a 
resident of the state of Iowa for three years previous to the 
time of making application for admission. 

Commissioners. — The supervision and government 
are placed in the hands of a board of commissioners, con- 
12 



178 IOWA AND THE NATION*. 

sisting of six members, appointed by the governor, b}' and 
with the consent of the senate. It is further provided that 
all members of the board shall be ex- Union soldiers, and 
that their term of office shall be six years from the first day 
of May following their appointment. The first board was 
separated by lot into three classes of two each, to serve 
for two, four and six years respectively. 



+i=2^=r 



IOWA AND THE NATION*. 170 



CHATTER XXV. 
DISTRICT GOVERNMENT. 

Congressional Districts. — For convenience, the 
state is separated into districts for various purposes. United 
States senators are elected by the general assembly in joint 
convention, from the state at large. Representatives in the 
lower house of congress are apportioned among the several 
states according to their population, and Iowa now has eleven 
members in that house. The state is separated into eleven 
congressional districts, and the ratio of representation is one 
representative for every one hundred and seventy-three 
thousand, nine hundred and one persons in the United 
States, as determined by the last census. 

Senatorial Districts, — The state is separated into 
fifty senatorial districts, and each district elects one mem- 
ber of the state senate. There is at present no fixed ratio 
of representation for senatorial districts, but the intention 
is to form the districts so that each senator shall represent 
about twice as many inhabitants as a state representative 
does. 

Representative Districts. — There are ninety-one 
representative districts, and as these districts choose one 
hundred representatives, some of the districts must choose 
more than one member. There are nine districts that choose 
two members each. They are Lee, Des Moines, Pottawat- 
tamie, Polk, Scott, Clinton, Linn, Woodbury, and Dubuque 
counties. 



180 



IOWA AND THE NATION. 



Judicial Districts. — There are nineteen judicial dis- 
tricts in the state. These districts are formed by act of the 
general assembly, and they are subject to change at any 
time by law. There is no basis of population for determin- 
ing the size of judicial districts. 

Table Of Districts.— The accompanying table will be 
found useful in studying the district organization of the 
state. In the proper columns, after each county name, will 
be found the number of each kind of district to which that 

county belongs. 

Counties of Iowa. 



Name. 



County Seat. 



Cong. 


Sen. 


Rep. 


Dist. 


Dist. 


Dist. 


9 


16 


29 


8 


6 


13 


4 


40 


87 


8 


3 


4 


9 


17 


34 


5 


45 


49 


3 


38 


66 


10 


31 


53 


3 


39 


72 


3 


33 


67 


11 


50 


77 


3 


39 


73 


10 


27 


61 


10 


48 


55 


9 


18 


30 


5 


24 


44 


4 


43 


84 


11 


46 


59 


4 


44 


86 


8 


11 


15 


11 


47 


82 


4 


36 


70 


2 


22 


45 


10 


34 


56 



JUD. 

Dist. 



Adair 

Adams 

Allamakee . . . 
Appanoose. . . 
Audubon 

Benton 

Black Hawk. . 

Boone 

Bremer 

Buchanan. . . . 
Buena Vista.. 

Butler 

Calhoun 

Carroll 

Cass 

Cedar 

Cerro Gordo. . 
Cherokee 
Chickasaw . . . 

Clark 

Clay 

Clayton 

Clinton 

Crawford 



Greenfield 

Corning 

Waukon 

Centerville. . . 

Audubon 

Vinton 

Waterloo . . . . 
Boonesboro . . 

Waverly 

Independence . 
Storm Lake . . 

Allison , 

Rockwell City 

Carroll 

Atlantic ■ 

Tipton 

Mason City . . , 

Cherokee 

New Hampton 

Osceola 

Spencer , 

Elkader 

Clinton 

Denison , 



5 

3 
13 

2 
15 
17 
10 
11 
12 
10 
14 
12 
16 
16 
15 
18 
12 

4 
13 

3 
14 
13 

7 
16 



IOWA AND THE NATION. 



1-1 



Name. 



County Seat. 



Cong. 

Dist. 



Sen. Rep. 
Dist. Dist. 



Dallas 

Davis 

Decatur. . . 
Delaware . . 
Des Moines 
Dickinson. . 
Dubuque . . 
Emmet. . . . 
Fayette. . . . 

Floyd 

Franklin. . . 
Freemont . . 
Greene .... 
Grundy .... 
Guthrie . . . 
Hamilton . . 
Hancock. . . 
Hardin .... 
Harrison . . 

Henry 

Howard . . . 
Humboldt . 

Ida 

Iowa 

Jackson . . . 
Jasper .... 
Jefferson . . 
Johnson . . . 

Jones 

Keokuk. . . . 
Kossuth . . . 

Lee 

Linn 

Louisa .... 

Lucas 

Lyon 

Madison . . . 
Mahaska, . . 



Adel 

Bloomfield 

Leon 

Manchester .... 

Burlington 

Spirit Lake .... 

Dubuque 

Estherville 

West Union .... 
Charles City . . . 

Hampton 

Sidney 

Jefferson 

Grundy Center. 
Guthrie Center. 
Webster City. . . 

Concord 

Eldora 

Logan 

Mt Pleasant . . . 

Cresco 

Dakota 

Ida Grove 

Marengo 

Maquoketa 

Xewton 

Fairfield 

Iowa City 

Anamosa 

Sigourney , 

Algona 

Keokuk and Ft. Madison 

Marion , 

Wapello 

Chariton 

Rock Rapids 

Winterset 

Oskaloosa 



7 


17 


36 


6 


3 


3 


8 


5 


6 


3 


33 


68 


1 


9 


21 


11 


47 


81 


3 


35 


69 


10 


47 


81 


4 


40 


71 


4 


44 


85 


3 


43 


74 


8 


7 


10 


10 


48 


54 


5 


38 


65 


9 


17 


35 


10 


37 


63 


10 


43 


75 


3 


37 


64 


9 


34 


32 


1 


10 


20 


4 


42 


89 


10 


50 


76 


11 


46 


57 


2 


25 


1 40 


2 


23 


46 


6 


29 


38 


1 


2 


19 


2 


25 


41 


5 


24 


47 


6 


12 


24 


10 


47 


83 


1 


1 


1 


5 


26 


48 


1 


20 


22 


8 


4 


16 


11 


49 


80 


7 


16 


28 


6 


14 


25 



182 



IOWA AND THE NATION. 



Name. 



County Seat. 



Cong. 


Sen. 


Rep. 


Dist. 


Dist. 


1>IST. 


7 


15 


26 


5 


28 


51 


9 


8 


11 


4 


41 


90 


11 


34 


57 


6 


15 


17 


9 


8 


12 


2 


20 


42 


11 


49 


80 


U 


49 


81 


8 


7 


9 


10 


47 


82 


11 


46 


78 


10 


50 


76 


7 


30 


37 


9 


1!) 


31 


6 


12 


39 


8 


5 


7 


11 


48 


60 


2 


21 


43 


9 


18 


33 


11 


49 


79 


7 


31 


52 


5 


45 


50 


8 


6 


8 


8 


5 


14 


1 


2 


2 


6 


13 


18 


7 


11 


27 


1 


10 


23 


8 


4 


5 


10 


27 


62 


10 


41 


91 


4 


42 


88 


11 


32 


58 


4 


41 


91 


3 


37 


75 



Marion 

Marshall 

Mills 

Mitchell 

Monona 

Monroe 

Montgomery . . 
Muscatine. . . 

O'Brien 

Osceola 

Page 

Palo Alto ... . 
Plymouth. . . . 
Pocahontas . . 

Polk 

Pottawattamie 
Poweshiek . . 
Ringgold . . . 

Sac 

Scott 

Shelby 

Sioux 

Story 

Tama 

Taylor 

Union 

Van Buren. . 
Wapello .... 

Warren 

Washington . 

Wayne 

Webster. . . . 
Winnebago. . 
Winneshiek . 
Woodbury. . . 

Worth 

Wright 



Knoxville 

Marshalltown 

Grlenw T ood 

Osage 

Onawa 

Albia 

Red Oak 

Muscatine 

Primghar 

Sibley 

Clarinda 

Emmetsburg 

Le Mars 

Pocahontas Center. 

Des Moines 

Council Bluffs 

Montezuma 

Mt. Ayr 

Sac City 

Davenport 

Harlan 

Orange City 

Nevada 

Toledo 

Bedford 

Afton 

Keosauqua 

Ottumwa 

Indianola 

Washington 

Corydon 

Fort Dodge 

Forest City 

Decorah 

Sioux City 

Northwood 

Clarion. 






183 



INDEX. 



Page 

A 

Adjournment of state legislature, 114 

Adjutant-general, 133 

Agricultural college, 169 

Aliens, rights of ... 99 

Amending of state constitution, 

157, 158 

Appeals from action of school 

boards, 53 

Appointment, notary public 58 

Apportionment, semi-annual, — 18 

Area of state extended, 159 

Arrest, freedom from, 115, 1 16 

Article partly abolished, — , — 154 
Assessment of property, 20; uni- 
form, 43 

Assessor, township, 20 

Attorney, city, 34 ; county, 57 

Attorney-general, 314 ; of state,. . . 132 
Auditor, city, 34 ; county, 45 ; state, 128 
"Australian Ballot," 102 

B 

Bail, 96 ; excessive, 97 

Ballot reform, 102; Belgian, 102; 

sample, 104 

Ballots, 103; marking, 103, 105; old 

plan, 102 

Banking, 154 

Bill of attainder, 98 

Blind, college for the, 171; indust- 
rial home for, 172 

Board of directors, 13; of com- 
missioners of insanity, 173; of 

health, 139; of examiners, 140 

Bond of county auditor, 45; coun- 
ty treasurer, 47; of county 
attorney, 58 ; of state librarian , 135 



Page 

Bonds, fixed and approved, 136 

Boundary of Iowa, 61 

Branches of government, state, . . 106 
Bureau of labor statistics, 141 

c 

Call special session, 123 

Capital of state established, 159 

Capital crime, defined, 93 

Capitals of Iowa, 166 

Cases, criminal, 94 

Census, state, 22, 107 

Certificates, teachers, 52 

Change of venue, 25 

Chief Justice of state, 146 

Cities, classed, 32; under special 

charter, 37 

Citizenship, 108 

City council, 32, &5, 36 

Civil engineer, 35 

Clerk of township, 20; of state 

supreme court, 146 

Collectors, township, 29 

Commissioners of pharmacy, 139 

Committee on credentials, Ill 

Committees, state legislature, ... 119 
Compensation of city officers, 35; 
of county recorder, 52; of jur- 
ors, 150; of justices, consta- 
bles, etc., 30 

Constables, 27 

Constitution of the state of Iowa, 

91 ; adoption of, 161 

Convention, joint, of general 
assembly, 120; constitutional, 

of Iowa, 163 

Corporations, 154 

Coroner, county, 56 



184 



INDEX. 



Page 

Correction, lines, Ill 

Counties, 39 ; new, 158 

County names, 39 ; seat, 40 

Court, district, 147 ; police, 34 

Court, state supreme, 145; powers 
of, 146; clerk and reporter of, 146 

Courts, state, 145 ; superior, 151 

Custodian of public property, . 142 

D 

Dairy Commissioner, 142 

Debt, state prohibition of, 152; 

limit of, 153 

Debts, special, 153 

Democracy 180 

Dental examiners, 138 

Des Moines, 167 

District court, powers, 148; clerk 

of, 47, 48, 49 

Districts, school, 14 

Dueling,.. 93 

Duties of township trustees, 19; 
of constable, 27; of county 
supervisors, 28, 41 ; of town- 
ship collector, 29; of clerk of 
the district court, 48; of audi- 
tor of state, 128; of executive 
council, 130; of supt. of pub- 
lic Instruction, 130; of mine 
inspectors, 131; of board of 
pharmacy, 140; of inspector of 
illuminating oils, 143; of offic- 
ers in cities of the second 
class, 36 

E 

Educational board of examiners, 140 
Election of city officers, 33; of 
county officers, 40; of U. S. 

senators, 121 

Equalization of taxes, 44, 129 

Equalizing values, township trus- 
tees, 21 

Examinations for state certifi- 
cates, 140 

Executive council, state, 129 



Page 

Exemptions from taxation, 21 

Ex-post-facto law, 98 

F 

Feeble minded children, institu- 
tion for, 174 

Fees, district court, 49; coroner 

of county, 57 

Fines and forfeitures, 160 

Fish Commissioner, 143 

Freedom of speech, 115 

Fund, teachers, 15; contingent, 
15; schoolhouse, 16; perman- 
ent school, 18 ; institute, ...... 53 

Funds, school, 155 

G 

General assembly, sessions of, 

111; vacancies in, 109 

Governor, approval of, 119; duties 

of, 122, 123; powers of, 124 

Governor's neglect, 120 

Grand jury 149 

Great seal— motto, 125 

H 

Habeas corpus, 96 

Higher court, trial by 26 

Historical society, 141 

Horticultural society, 141 

Hospitals for the insane 173, 174 

I 

Impeachment of state officers,. .. 110 

Imprisonment for debt, 97 

Indictment 95, 148 

Incorporated towns, 36 

Industrial school, Iowa, 175 

Ineligibility to a seat in the gen- 
eral assembly, 117 

Inquest, coroner's, 56 

Insanity, board of commission- 
ers, 173 

Inspector of illuminating oils, . 142 



INDEX. 



185 



Page 
Iowa, discovery and settlement 
of, 162; territorial history of, 
163; admission into the union, 
164; Indian claims in, 165; 
growth of, 166; capitals of, . 166 
Iowa house of representatives, 

107 ; national guards, . 152 

Iowa school for the deaf, 173 

j 

Judges, state district, 147 

Jurors, 148; number of, 149; selec- 
tion of, 150 

Jury, trial by, 94; grand, 149; 
petit, 149 

Justice of the peace, .. .24, 26, 27, 158 



Land grants to Iowa, 117; sales of 

Iowa, 166 

Law, supreme, 160 

Laws, uniform, 94; of state, take 

effect 119 

Law suits, kinds of, 24 

Lease of farm lands, 99 

Legislative branch of state gov- 
ernment, 106 

Lieutenant-governor, 125 

Limit of indebtedness, 159 

Losses to school and university 
fund, 153 

M 

Mayor, city, 33 

Members of general assembly, 

paid when, 113 

Message of governor, 123 

Militia, listed by assessors, 22; 

organization of state, 152 

Military subordinate to civil 

power, 96 

Mine inspectors, 131 

Money, collection of, 26 

Monroe City, capital of Iowa, ... 167 



Page 

N 

Nomination of candidates for 
state offices, 103 

Normal institute, 53 

Normal school, state, 170; board 
of directors of, 171 

Notary public, 58 

o 

Oath of members of the general 
assembly, 111; of judges of 
state supreme and district 
courts, 136 ; of office, 159 

Officers of a city of first class, 32; 
of an incorporated town, 36; 
county, 40; of state house of 
representatives, 111; other 
state officers, 127 

Other offices, ruling with refer- 
ence to state senators and 
representatives, 117 

Outline for township govern- 
ment, 31 ; for town govern- 
ment, 38; for coui^y govern- 
ment, 60; for review of 6tate 
officers, 144 

P 

Pardons, .... 124 

Pay, of road supervisor, 28; of 
township collector, 30; of 
board of supervisors, 44; of 
county superintendent, 54 ; of 
county surveyor, 56 ; of mem- 
bers of general assembly, 112 

Penetentiaries, 175; "good time," 177 

Petit jury, 149 

Piatt of county surveys, 55 

Political powers , vested in whom, 92 

Polltax,., 42 

Powers of notary public, 59; of 
state house of representatives, 
109 ; of governor, 124 ; of rail- 
road commissioners, 134 



186 



INDEX. 



Page 
Preamble, state constitution, 61; 

purpose of, 92 

President, pro tern., acts as gov- 
ernor, 125 

Principal meridian, 9 

Privilege of state senators and 

representatives, 115, 116 

Privileges of voters, 101 

Proceedings of coroner's inquests, 57 
Prohibitions upon members of 

general assembly, 118 

Property, valuation of, 20; listing, 

21 ; condemned, 97 

Provisions of city council, 35; 

general, for state, 160 

Public schools 17 

Punishments for contempt, 116 

Q 

Qualifications of voters, 100, 108; 
of state representatives, 100; 
state senators, 109; of gover- 
nor, 122; of civil officers, 135 

Quorum, state legislature, 114 

R 

Railroad commissioners, 134 

Readings of bills, 120 

Recorder, county, 51 

Records, county, 51 

Religion, passing of laws pro- 
hibited, 93 

Religious test forbidden, 93 

Report of the clerk of the district 
court, 48; of the county super- 
intendent, 53; to the general 
assembly, 125; of secretary of 
state, Iowa, 127; of the auditor 
of state, 128; of the superin- 
tendent of the public instruc- 
tion, 130 

Reports of state officers, 136 

Representation, additional, 107 

Representatives, election of state, 108 
Residence of voters 100 



Page 

Returns of election, 122 

Right, to assemble, 98; to vote, 
100; to object, 115; of suffrage, 

102; of trial by jury 94 

Rights, of aliens, 99 ; reserved, ... 99 
Rules of order, 115 



s 

Salary, of county auditor, 45; of 
county treasurer, 47>; of clerk 
of district court, 49; of sher- 
iff, 50; of county attorney, 58; 
of state superintendent, 130; 
of railroad commissioners, 
135; of secretary of state, 
Iowa, 127: of auditor of state, 128 

School board, officers of, if 

School law, 130 

Seal of notary public, 58 

Secretary of State, Iowa, 127 

Senate of Iowa, 109 

Senators of state, 110 

Sheriff 150 

Slavery, in Iowa, 99 

Soldiers' Home, 177 

Soldiers' Orphans' Home, 172; 

trustees of, 173 

Special session, compensation, 
112; provisions of state legis- 
lative houses for, 114 

State, printer, 133; binder, 134; 
librarian, 135; agricultural 

society, 138 

Statement of township collector, 29 

Sub-districts, 13 

Suit, notice of, 25; for collection 

of money, 26 

Superintendent, of market, 35; of 
county, 52; of public instruc- 
tion, 130; of weights and 

measures, 132 

Supervisors, road, 27, 28; board 

of, 40, 41 

Sureties, of civil officers 136 

Survey, in Iowa, 10; county, 55 

Suspension of sentence 154 



INDEX. 



187 



Page 

T 

Talesmen box, 150 

Taxation, exemptions from 21 

Tax, receipts, 46; sale, 47 

Taxes, certified, 16; levy of, 42; 

when due, 46; how computed, 129 

Testimony in district courts, 151 

Titles, land, 9 

Township, 7 ; meeting, 13 

Townships, kinds of, 7; and 

ranges, 10; civil, 12; district, 12 

Treason, against the state, 96 

Treasurer, city, 34; county, 46; of 

state, 128 

Trial by jury, 27 

Trustees of township, 19 

Twice tried, 95 

u 

Uniform assessment, 48 



Page 
United States senators of Iowa, . . 121 
University, state, 168; board of 
regents, 169 

v 

Vacancies in general assembly, . . 109 

Veterinary surgeon, 132 

Veto of governor 119 

Voting. 105 



w 

War, state powers in time of,. 

Witnesses, 

Writ of habeas corpus, 



Yeas and nays, 



153 

117 
96 



116 



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